Robbery [Property Offences] Flashcards
How is the offence defined?
When a person ‘steals, and immediately before or at the time of doing so and in order to do so, they use or threaten force on any person’.
In which section of which Act of Parliament is the offence under?
s8 Theft Act 1968
What is the maximum sentence possible?
A life sentence
What is the FIRST part of the Actus Reus?
There must have been a completed theft (Robinson).
What is the SECOND part of the Actus Reus?
As well as theft, it must be proved that force against the person was used. Case law suggests that this can be minimal but it must be sufficient enough to be noticeable. In R v Dawson and James a nudge was sufficient and in R v Clouden force directed out a shopping basket was sufficient.
Force can be actual force or the threat of force which can be spoken or implied (Bentham). The person to whom force was used/threatened also does not need to be the same person to whom the theft occurs.
Even if the victim is not scared as a result of the D’s actions, a D will still satisfy this element as long as it can be proved that force/threat of force was used (R v DPP)
What is the THIRD part of the Actus Reus?
The force must be used immediately before or during the theft and in order to commit the theft. The courts may regard this as a continuing act (Hale)(Lockley).
What is the MENS REA for the offence?
In order to satisfy the mens rea of robbery, a D must have a) the mens rea for theft: both dishonesty and the intention to permanently deprive and b) the intention to use/threaten force to steal. The D must want to use/threaten force to steal.
