Robbery Flashcards
(16 cards)
What is the definition or robbery?
D may be liable for robbery, defined in Section 8 of the Theft Act 1968 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?
The ACTUS REUS is theft, plus the use or threat of force, at the time of stealing, and in order to
steal.
What is defined in s.1
Firstly, there must be a theft, defined in S.1 as the dishonest appropriation of property belonging
to another.
What needs to be applicated to robbery?
Here under S.3 there is an appropriation (Morris, Lawrence, Hinks) because there is
an assumption of V’s rights [eg. When D takes V’s purse].
IF RELEVANT: Appropriation can take place even if D leaves the property behind,
(Corcoran and Anderton), which is what D does here.
Under S.4 the property (Kelly and Lindsay) is [eg. A purse, which is tangible personal
property].
Under S.5 the property did belong to another (Hall, Webster) because [eg. V had
possession or control of the purse].
What must be completed?
Secondly, there must be a completed theft (Corcoran v Anderton/Zerei)
The theft need not be from what?
IF RELEVANT: The theft need not be from the owner of the property (Smith v Desmond Hall)
What must there be thirdly?
Thirdly, there must be the use or threat of force.
What is used if actual force is used?
be small, (Dawson and James), with no need for direct contact, (Clouden). However, force must be
more than trivial, and cannot simply be taking from a passive victim (P v DPP). The force can be
against any person, not necessarily against the victim of the theft.
What is used if actual threat was used?
theft, force need not be actually used, and the victim need not be in actual fear, (B and R v DPP).
However, the force must be threatened to be used “then and there” (Khan).
What comes fourthly?
Fourthly, the use or threat of force must be immediately before or at the time of the stealing,
including a ‘continuing act’, (Hale).
What comes fifthly?
Fifthly, the use or threat of force must be used in order to steal (Lockley/Vinall).
What is the men’s rea?
The MENS REA is the mens rea of theft plus an intention to use or threaten force.
What is the definition of the men’s rea?
Firstly, the mens rea of theft under S.2 is that D must be DISHONEST. The 2-stage test established in
Ivey v Genting Casinos is used. Firstly the jury must decide what was the actual knowledge or belief
of D as to the facts (a subjective test), and secondly, in that context, the jury must decide whether
D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person (an
objective test).
How can D not be guilty?
[IF RELEVANT] D may not be guilty of robbery as he had an honest belief that he was entitled to the
money (Robinson).
What is stated in S.6?
Under S.6 there is an intent to permanently deprive by disposing of or treating the property as his
own (DPP v Lavender, Raphael, Lloyd) because [eg. D ran away with the purse].
What must there be secondly?
Secondly, there was a specific/direct intention to use [or threaten] force, defined in Mohan as
deciding to bring about a consequence, when he [eg. deliberately pushed V over / waved a knife
around in a threatening way].
