Criminal: Robbery Flashcards
(21 cards)
What is robbery?
Robbery is a more serious form of theft involving the use or threat of force.
What does the Theft Act 1968, s 8 state about robbery?
A person is guilty of robbery if he steals and uses force or puts a person in fear of being subjected to force.
What are the elements of robbery?
- Actus reus of theft
- Force
- On any person
- Use or threat of force immediately before or at the time of stealing
What is the actus reus of robbery?
- Actus reus of theft
- Force
- On any person
- Use or threat of force immediately before or at the time of stealing
What is the mens rea of robbery?
- Mens rea of theft
- Intend to use force in order to steal
What is the legal principle from R v Robinson regarding theft and robbery?
If there is no theft, there can be no robbery.
What are the actus reus elements of theft as per s 1(1) TA 1968?
- Appropriation (s 3)
- Property (s 4)
- Belonging to another (s 5)
What are the mens rea elements of theft?
- Dishonestly (s 2(1), Ivey v Genting Casinos)
- With the intention to permanently deprive (s 6)
How can the element of force be satisfied in robbery?
- Uses force
- Puts a person in fear of being subjected to force
- Seeks to put a person in fear of being subjected to force
True or False: The term ‘force’ in robbery requires violence.
False. Force does not require violence.
What was held in R v Dawson and James regarding the use of force?
The Court of Appeal upheld the conviction for robbery, stating that the jury decides if force was used.
What does R v Clouden illustrate about force in robbery?
Force applied through property can count as force on a person.
What was the outcome in P and Others v DPP regarding force?
The court held that there was no force due to minimal contact and no evidence of resistance.
What is required to ‘put a person in fear’ in robbery?
A threat causing the person to think force will be used is sufficient.
What did R v Taylor establish about seeking to put a person in fear?
The defendant can be liable even if the person is not aware they are being threatened.
What does ‘on any person’ mean in the context of robbery?
The threat or use of force does not have to be directed towards the person from whom the property is stolen.
What is the significance of using force immediately before or at the time of stealing?
It must occur in connection with the act of stealing for robbery to be established.
What principle was established in R v Hale regarding appropriation?
Appropriation should be regarded as a continuous act, allowing force used after theft to count.
What did R v Vinall clarify about force and intention in robbery?
Force must be used at the time of theft; if intention to deprive is formed later, it is not robbery.
Summarize the actus reus of robbery under s 8(1) Theft Act 1968.
- Actus reus of theft
- Force or threat of force
- Use of force
- Puts any person in fear
- Seeks to put any person in fear
- On any person
- Use or threat of force immediately before or at the time of stealing.
What must the mens rea of robbery include?
- Mens rea of theft
- Intention to use force in order to steal.
