robbery - property offences

Question 1

what is the mens rea of robbery?

Answer 1

the mens rea of robbery us dishonesty and intention for theft and an intention or recklessness as to the use of force.

Question 2

R v Lockley (1995)

Answer 2

defendant stole beers from off-licence through using force against the shop assistant.
-His appeal was based on the fact that the force used was after the stealing was dismissed.
-theft can be classed as a continuing act.

Question 3

Smith v Desmond (1965)

Answer 3

an engineer and security guard were tied up and blindfolded. the defendant then took money from a safe.
-The House of Lords ruled that the defendant had rightly been convicted of robbery.

Question 4

R v Clouden (1987)

Answer 4

defendant wrenched a shoppig bag from the victim
-the jury decides on what amounts of force, but the amount of force can be small.

Question 5

R v Robinson (1977)

Answer 5

defendant took a £5 note claiming he was still owed £2.
-Court of appeal reversed the conviction as all the elements of theft were not present (the defendant was not dishonest, he truly believed he was owed money)
-all elements of theft have to be present for a conviction of robbery.

Question 6

what is the actus reus of robbery?

Answer 6

to be convicted of robbery all 3 elements must be present.
-‘the appropriation of property belonging to another’
-using or threatening force immediately before or at the time of theft.
-the force must be used in order to steal.

Question 7

what is robbery?

Answer 7

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or purs or seeks to put any person in fear of being then and there subject to force