Robbery Flashcards
What is the best way to approach a robbery question?
Start by applying theft fully, then add robbery. This helps ensure you meet all elements.
What is the issue in a robbery case?
D will also be liable for robbery.
What is the legal definition of robbery under s.8 Theft Act 1968?
Robbery is when D steals, and immediately before or at the time, and in order to do so, uses force or the threat of force.
What must first be proven for robbery?
Theft must be established (Robinson).
APPLY PHRASE: “This has already been established above.”
What must D do to meet this element?
Use or threaten force on a person.
Does the force have to be significant?
No – any amount of force is enough (Dawson).
Can force on objects (e.g. bags) count?
Yes – force applied to a bag or clothing counts (Clouden).
Must the victim be scared for there to be robbery?
No – threat of force is enough even if V is not frightened (B & R v DPP).
When must force occur?
Immediately before or at the time of the theft (Hale – appropriation is a continuing act).
What must the force be used for?
It must be used in order to steal (Lockley).
What is the mens rea requirement for theft in robbery?
D must be dishonest and intend to permanently deprive (Robinson).
APPLY PHRASE: “This has already been established above.”
What is the mens rea requirement for the force in robbery?
D must intend to use or threaten force (Mohan).