Robbery Flashcards
(6 cards)
Robbery Introduction/ definition
- D may be liable for robbery
-Section 8 of the theft act 1968 defines theft as,” Where the D steals, and immediately before or at the time of, and in order to do so, uses force or the threat of force
Actus Reus Robbery stage 1
The D must have committed a theft (Robinson)
- Apply by using the phrase, ‘This has already been established above”, as you start with theft first.
Actus Reus robbery stage 2
The D must use force or the threat of force.
- (Dawson)- Any amount of force is enough
-Side rules- Indirect force- Force can be applied to the V’s clothing (Clouden)
-Threats of force- Even if the D does not feel fear, this is still enough (B&R v DPP)
Actus reus stage 3 robbery
Force must be used immediately before or at the time of the theft.
- (Hale)- Appropriation is a continuing act, so as long as force takes place at some pint, then this is enough.
Actus reus robbery stage 4
Force must be used in order to steal (Lockley)
Mens Rea (stage 5) of Robbery
- Firstly, the mens rea of theft must be established- dishonesty, and intention to permanently deprive (Robinson)
- The mens rea of robbery is the intention to use force or the threat of force (Mohan)