Robbery Flashcards
what section is robbery defined in
Section 8 of the Theft Act 1968 as stealing and immediately before or at the time of stealing, and in order to steal, using force or threatening force.
what is the AR of Robbery?
is theft plus the use of force or threat of force at the time of stealing and in order to steal
Firstly there must be a
theft defined in S.1 as the dishonest appropriation of property belonging to another
Secondly there must be a
completed theft Corcoran v Anderton
Thirdly there must be the
use or threat of force. The jury must decide what constitutes force and the amount of force can be small Dawson and James with no need for direct contact Clouden However the force must be more than trivial P v DPP. The force can be against any person not necessarily against the victim of the theft
The threat of force can be against who?
the threat of force can be against anyone not necessarily the victim of the theft force need not be actually used and the victim need not be in actual fear B and R v DPP
Fourthly
the use or threat of force must be immediately before or at the time of the stealing including a continuing act Hale
fifthly
the use or threat of force must be used in order to steal as in Lockley
the mens rea is
the mens rea of theft plus an intention to use or threaten force
firstly the men rea of theft under S.2 is that D must be
Dishonest the 2 stage test established in Ivey v Genting casinos is used. firstly the jury must decide what was the actual knowledge or belief of D as to the facts a subjective test and secondly in that context the jury must decide whether Ds behaviour would be regarded as dishonest by the reasonably ordinary decent person an objective test
also under S.6 there is an
intent to permanently deprive by disposing of or treating the property as his own DPP v Lavnder Raphael Llyod
secondly there was a specif/direct intention to use or threaten force defined in Mohan
as deciding to bring about a consequence when
