What section is robbery defined under and which section is it ?
a
s.8 of the theft act 1968
5
26
q
What is the definition for robbery ?
a
“A person will be guilty of robbery if he steals, and immediately before or at the time of doing so he uses force on any person, or puts or seeks to put any person in fear of being subjected to force”
5
27
q
What is the first element to be proven for robbery ? (+case)
a
“Steals
There is no requirement that the D succeeds in ‘getting away’ with the property (Corcoran v Anderton).
5
28
q
What is the second element to be proven for robbery ?
a
Force or threat of force
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29
q
What did Rv Dawson and James define about “force or threat of force”
a
The amount of force used can be small and the force does not need to be applied directly to the victim but can be applied to the property.
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30
q
What did Rv Bentham define about “force or threat of force” ?
a
The threat of force need not be real
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31
q
What is the third element needed to be proven for robbery ?
a
“On any person”
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32
q
What was defined about “on any person”
a
The person upon whom the force is used or threatened does not have to be the same person who is stolen from.
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33
q
What is the fourth element needed to be proven for robbery ?
a
‘Immediately before or at the time of doing so’
5
34
q
What did Rv Hale define about “immediately before or at the time of doing so”
a
Its required to decide when a theft is completed, so that the force is ‘at the time of stealing’.
5
35
q
What is the fifth element needed to be proven for robbery ?
a
“In order to steal”
The force must be used in order to steal *
5
36
q
What are the two mens rea elements for robbery
a
Mens rea for theft (dishonesty and IPD)
Intention for the force or threat of force
What section, of which act, does robbery come under ?
s.8 of the Theft Act (1968)
What is the definition of robbery, under the act ?
‘A person will be guilty of robbery, if he steals, and immediately before, or at the time of doing so, he uses force on any person or puts, or seeks to put any person, in fear of being subjected to force’
What are the five actus reus tests to be proven for robbery ?
- Steals
- Force or threat of force
- On any person
- Immediately before or at the time of doing so
- In order to steal
What are the two mens rea tests to be proven for robbery ?
- Mens rea for theft
- Intention, for the force or threat of force
What elements are required in order to satisfy ‘steals’, for robbery ?
Which cases come under these areas ?
-Completed theft (Rv Robinson)
-Complete on the slightest appropriation. D need not succeed in ‘getting away’ with the property. (Corcoran v Anderton)
What elements are required in order to satisfy ‘force’ for robbery ?
Which cases come under these areas ?
-The amount of force used can be small, as force is an ordinary word for jury to interpret. Held to be quite low level (Rv Dawson and James)
-Must be more than taking from a passive victim (Rv Monaghan & Monaghan)
What elements are required in order to satisfy ‘threat of force’, for robbery ?
Which cases come under these areas ?
-Must be an apprehension that force will be used, and that the force will be used ‘then and there’, according to the reasonable man test (Rv Khan)
-The victim need not be aware of the threat or if they are aware, be fearful.
-Threat of force, need not be real (Rv Bentham)
What elements are required in order to satisfy ‘on any person’ for robbery ?
Which cases come under these areas ?
-Force can be applied indirectly (Rv Clouden)
-Force does not need to be applied directly to the victim (P V DPP)
-Need not include the owner of the property (Smith v Desmond)
What elements are required in order to satsify ‘immediately before or at the time of doing so’ ?
What case comes under this area ?
-Courts are flexible, and treat appropriation as a continuing act.
-Must be decided when the theft is completed, so that the force can be ‘at the time of stealing’ (Rv Hale)
What elements are required in order to satisfy ‘in order to steal’ ?
-Force, or threat of force, must be used ‘in order to steal’
-There must be a casual link between the force used and the threat’.
What elements must be proven, in order to satisfy the mens rea requirement, for robbery ?
Which case comes under this area ?
-Mens rea for theft (Rv Forester)
-Dishonesty
-Intention to permenently deprive
-Intention, for the force, or threat of force.
-D must also intend to use force to steal, such that if D accidentally, uses force while stealing, there would be no robbery
