Robbery Model Answer Flashcards
(27 cards)
D may be liable for robbery, defined under… as…
Section 8 of the Theft Act 1968, stealing, and immediately before or at the time of stealing, and in order to steal, using force or threatening force.
The actus reus is theft, plus…
the use or threat of force, at the time of stealing and in order to steal.
Firstly, there must be a theft, defined in S.1 as…
the dishonest appropriation of property belonging to another.
Here under S. … because there is an…
S.3 there is an appropriation (MORRIS, LAWRENCE, HINKS) , assumption of V’s rights…
If relevant: appropriation can take place even if…
D leaves the property behind, (CORCORAN and ANDERTON) which is what D does here.
Under S. … the property (KELLY and LINDSAY) is…
S.4 , which is tangible property
Under S. … the property did…
S.5 , belong to another (HALL, WEBSTER) because…
Secondly, there must be a…
completed theft (CORCORAN v ANDERTON/ZEREI)
If relevant: the theft need not be from…
the owner of the property (SMITH v DESMOND HALL)
Thirdly, there must be the…
use or threat of force.
If actual force used: the jury must decide what constitutes… and the amount of… can be… (DAWSON and JAMES) with no need for…. (CLOUDEN).
force, force, small, direct contact
However, force must be more than… and cannot simply be taking from a… (P v DPP).
trivial, passive victim.
The force can be against… not necessarily against…
any person, the victim of theft.
If threat used: The threat of force can be against… not necessarily against…
any person, the victim of the theft
force need not… and the victim need not be in… (B and R v DPP).
actually be used, actual fear
However the force must be threatened to be used… (KAHN)
“Then and there”
Fourthly, the use or threat of force must be… including a… (HALE)
immediately before or at the time of the stealing, ‘continuing act’
Fithly, the use or threat of force must be used…
in order to steal (LOCKLEY/VINALL)
The mens rea is the mens rea of theft plus…
an intention to use or threaten force.
Firstly the mens rea of theft under S. … is that…
2, 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)
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)
If relevant: D may not be guilty of robbery as…
he had an honest belief that he was entitled to the money (ROBINSON)
