Robbery Flashcards
What does S8 of the Theft act 1968 state?
Robbery is where:
“D steals, and immediately before or at the time of doing so, and i order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force”
Key elements of Robbery (Actus Reus)
1) Theft
2) Force
3) Immediately before or at time of stealing
4) On any person
5) In order to steal
Men’s rea for Robbery
1) Men’s rea for theft (Dishonest and intention to permanently deprive)
2) Intention to threaten or use force
How can Theft be established?
Actus reus needed:
“Theft”
Men’s Rea needed:
“Dishonesty and intention too permanently deprive”
Men’s Rea (Dishonest and intention to permanently deprive) (R V Robinson 1997)
The D took money that was owed to him by force, during a fight
HELD:
As D honestly believed he was entitled to the money, he was not dishonest, so theft was not made out, meaning robbery could not be made out either
Actus Reus (Theft element) (Corcoran V Anderson 1980)
Two lads tired to pull a handbag from a woman’s grasp. The handbag fell to the floor, and D’s did not end up in possession of it.
HELD:
Temporary appropriation of the handbag was enough for the offence of theft, so this was a robbery
Force (R V Dawson and James 1976)
D and his two accomplices jostled the victim, who struggled to keep his balance
V was distracted, one of them picked his pocket, taking his wallet
HELD:
Jury entitled to the view that force was used, and the D’s convictions were upheld
(The jury decide the ordinary word of “Force”)
(Very little force needed, which was shown in this case)
Force (RP & Others 2012)
D snatched a cigarette out of the V’s hand
HELD:
Not enough to satisfy the requirement of force. D was guilty of theft, but not robbery.
Force (Psychological factors, B&R V DPP 2007)
V was surrounded by a large group of other schoolboys who took his mobile, his watch and his travel card
V said he did not feel scared or threatened
HELD:
Robbery does not require proof the V was actually put in fear; it is enough that D seeks to cause V to apprehend violence
Further reading - (R V Tennant)
Immediately before or at time of stealing (R V Hale 1978)
D’s entered V’s house. One of them went upstairs and stole V’s jewellery box. The other was downstairs, with his hand over V’s mouth to stop her screaming
D’s tied up V before leaving. They argued that force was not used until after the theft, so it was not “immediately before or at the time” of stealing
HELD:
The appropriation of the jewellery box was a “continuing act “ that carried on while the V was tied up as the theft needs to be looked at as a whole.
Lord Justice Eveleigh
“As a tater of common sense the appellant was in the course of commuting theft; he was stealing”
On any person (R V Clouden 1988)
D approached V from behind and wrenched a shopping basket from her hands.
HELD:
It was open to the jury to find that the force applied to V’s bag amounted to force on any person if it affected V’s body.
(Force established on V’s property if it affects V)
NOTE:
Force can be used on any person, including a person with or near to the V (Think of transferred malice)
In Order To Steal (R V James 1997)
D assaulted V, a taxi driver, by getting him in a headlock whilst another man rained blows on him.
The other man then opportunistically stole 200 pounds from the taxi.
HELD:
Force used by D was not done in order to steal. His conviction for Robbery was quashed.
(Force must enable the theft)
Mens Rea: Intention to threaten or use force
1) D aims or desires to threaten or use force (R V Mohan)
2) The threat or use of force is virtually certain and D realises it (R V Cunningham)
EITHER OF THESE TWO SUFFICE
Dishonesty (Booth & Another V R)
AND
Intention to permanently Deprive (R V V Velumyl)
Sentencing
Robbery
Indictable either way offence
Life Imprisonment
