Robbery Flashcards
What is the maximum sentence for robbery?
Life imprisonment
What is the AR for robbery?
- AR for theft
- force
- on any person
- use or threat of force immediately before or at the time of stealing
What is the MR for robbery?
- MR of theft
- Intend to use force in order to steal
Can there ever be robbery if there is no theft?
No - theft key component of both AR and MR
What three ways can force satisfy the force requirement?
- uses forces
- puts person in fear of being then and there subjected to force or
- seeks to put a person in fear of being then and there subjected to force
Is force defined in the TA?
No - matter of fact for the jury whether D’s actions amount to force
Is violence required for there to be force?
No
Does force have to be applied directly on the person?
No can be applied through property.
Has to be sufficient degree of force - slapping cigarette from mouth not enough
Does a person actually have to fear the violence threatened against them?
No - otherwise D could escape liability if victim is brave
Can the defendant still be liable if the intent to make that person think they will be subjected then and there to force even if that person is not actually aware of it?
Yes
Can the force or threat of force be against property?
No must be against ‘any person’
If the threat of force occurs after the theft has been committed is that enough for robbery?
Likely yes - court will apply continuing act theory
What is the requirement in relation to the mens rea element that there must be intention to use force in order to steal?
The force must be used in order to steal rather than steal as an afterthought to the force
