robbery Flashcards
booket 16
which act is needed
Theft Act 1968, s.8
what is the definition of robbery
'’guilty if immediately before or at the time of doing so he uses force on any person or puts or actively seeks to put any person in fear of being subjected to force’’
what is the actus reus (4)
Completed Theft
Force or Threat of Force
Used Immediately before or at the time of the theft in order to steal
Force used on Any Person
what is the mens rea (2)
Mens Rea of Theft
Intent to use force to steal
what does completed theft mean
Quite simply, all elements of theft must be present before there can be a robbery
completed theft case
R v Robinson 1977
(D was owed £7 by a woman, so threatened her husband with a knife to get the money)
Force or Threat of Force
meaning
D must use force or seek to put any person in fear of being subjected to force
Force or Threat of Force
case
R v Dawson & James 1976
(The Defendant nudged the victim which allowed a second defendant to take the victim’s wallet)
Immediately before & in order to steal meaning
The force must be used immediately before the theft, and in order to carry out the theft
Immediately before & in order to steal case
R v Hale 1978
(D broke into a woman’s house, took her jewelry, then tied her up)
On any person case
R v Clouden 1987
(D wrenched a shopping bag from V’s grasp without physically touching V.
It was held that force used against the bag is the same as force used against a person)
Mens Rea of Theft meaning
D must have been both dishonest, and have the intention to permanently deprive
case to back this
R v Forrester 1992
(D went to V’s house, went in with the door open, and took items from V’s house while D’s friend restrained V to get items worth the value V owed)
Intent to use force to steal meaning
D must have intended to use the force in order to steal
