ROBBERY Flashcards
(18 cards)
where does the definition of robbery come from and what is the definition
S.8 of the theft act 1968
defined as stealing and immediately before or at the time of stealing and in order to steal using force or threatening force
what is the actus reus of robbery
theft plus the use or threat of force at the time of stealing and in order to steal
What is the first rule for the actus reus of robbery
there must be theft under s.1 as the dishonest appropriation of property belonging to another
what does s.3, s.4, s.5 state in robbery
3—> an appropriation (Morris, Lawrence, Hinks)
4—> the property (kelly and lindsay)
5—> property did belong to another (hall, webster)
what does the cases of Corcoran and Anderton state
appropriation can take place even if d leaves the property behind
What is the second rule for the actus reus of robbery
there must be complete theft
Corcoran and anderton/zerei
what does the case of Smith v Desmond Hall state
theft need not be from the owner of the property
What is the third rule for the actus reus of robbery
there must be a use or a threat to used force
if force was used in robbery
jury would decide what constitutes force amount can be small (Dawson &James)
there is no need for direct contact (Clauden) however force must be more that trivial &
cannot simply be taking from a passive victim (P v DPP) force can be against
anyone not necessarily the victim
if it was a threat of force
threat can be against anyone person not just victim of theft—> force need not
actually used & v need not be in actual fear (B & R v DPP) —> force must be
threatened there and then (Khan)
What is the fourth rule for the actus reus of robbery
use or threat of force must be
immediately before or at the time of
sentencing including a continuing act
(hale)
What is the fifth rule for the actus reus of robbery
use or threat of force must be used in
order to steal
(Lockley, Vinall)
what is the mens rea of robbery
mens rea for theft plus intention to use or threaten force
What is the first rule for the mens rea of robbery
under S.2 d must be dishonest—> 2 stage
test —> Ivey v Genting Casino recently
modified in Barton & Booth
what are the 2 stage rules in robbery
1.) jury must decide whether there was
the actual knowledge or belief of D as to
the facts —> subjective
2.) in that context jury may decide
whether Ds behaviour would be regarded
dishonest by the reasonable, ordinary,
decent person —> objective
What is the second rule for the mens rea of robbery
there was specific/ direct intention to use
(or threaten) force —> Mohan = deciding
to bring about a particular consequence
what does the case of Robinson set out in robbery
d may not be guilty of robbery as he had
an honest belief he was entitled to it
what does s.6 state about robbery
there’s an intent to permanently deprive
by disposing of or treating property as
their own —> DPP v Levender, Raphael,
Lloyd
