Robbery

Question 1

Define

Robbery

S.8 of Theft Act 1968

Apart of Robbery

Answer 1

S.8 - A person’s guilty if steals, and immediately before or at time of doing so, and in order to do so, uses force on any person, or puts them in fear of being subjected to that force.

Question 2

Describe

Force Threat of Force

Dawson and James, Clouden, B and R v DPP, R v Bentham

Apart of Robbery

Answer 2

The prosecution must prove there was a use of threat of force or force accompanying theft.

Dawson and James - The amount of force used can be small.

Clouden - Force is an ordinary word it is for the jury to decide force

B and R v DPP - A threat of force is sufficient for robbery even if V not frightened.

R v Bentham - The threat of force does not even need to be real.

Question 3

Describe

Force immediately before or at time of robbery.

Hale and Lockley

Apart of Robbery

Answer 3

The force must be used immediately before or at time of stealing.

Hale and Lockley - The act of appropriation is a continuing act.

Question 4

Describe

Force in order to steal.

Apart of Robbery

Answer 4

The force must be used in order to steal, thee had to be an intended casual link between force used and theft.

Question 5

Describe

Mens Rea and what to apply

Apart of Robbery

Answer 5

The D must have menss rea for theft, so had to be dishonest and intend to permanently deprive the other of the property, (don’t have to apply this fully just say if have MR for theft)

The D must then have intention or subjectively reckless as to using force or threat of force to steal (apply this)

Question 6

Apply to an Exam Question

Flip

Apart of Robbery

Answer 6

Complete Theft
Here there has/hasn’t been a completed theft because? (What part failed?)

Use or Threat of Force

Here the D has / or has threatened to use force because….

Is the V scared of the threat?
Is this a real threat?
How big is the force?

Timing of Force

Here the force was/n’t used immediately before or at time of stealing because….

Force in order to steal

The force was/ was not used in order to steal because…

MR

How did the D intend to use force in order to steal?
How was D reckless in using force or threat of force to steal?

Conclusion

Is D guilty of robbery.