Robbery Template Flashcards
- Primary facie D could be charged with….
Robbery.
Under S8 of the TA 1968 a person is guilty if he steals and immediately before or at the time of doing so and in order to do so he used force on any person or puts any person in fear of being there and then subject to force.
- Firstly the AR and MR of theft….
Must be established.
S1 of the TA 1968 states a person who dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it is guilty of theft. If there is no theft then theres no robbery, R v Waters.
Sates how the 5 elements apply.
- Next the question of force against the person….
Must be established.
Case law suggests this can be minimal and it’s a matter for the jury to decide.
In R v Dawson and James a nudge was sufficient, in R v Coulden force directed at a handbag was sufficient. Threat of force is also sufficient.
State what D did to display force.
- The final element is that….
Force must be used immediately before or at the time of the theft and in order to commit the theft.
The courts can regard this as a continuing act as in R v Hale and and R v Lockley.
State when force was used.
- The additional MR for robbery is that…
The force be used in order to steal, R v Vinall.
State whether the force was used in order to steal.
- D is/ isn’t…
Guilty of robbery.
