Topic 6 - Property offences - Robbery Flashcards
(18 cards)
What is robbery?
A more serious form of theft involving the use of force or fear
Defined by the Theft Act 1968, s 8
What are the key elements of robbery according to the Theft Act 1968, s 8?
Actus reus and mens rea elements
Actus reus includes theft, use of force, and threat of force
What is the actus reus of robbery?
• Actus reus of theft
• Use of force
• On any person
• Immediate use or threat of force before or during stealing
What is the mens rea required for robbery?
• Mens rea of theft
• Intention to use force in order to steal
What constitutes the actus reus of theft?
• Appropriation (s 3)
• Property (s 4)
• Belonging to another (s 5)
What must be established for a conviction of robbery?
All elements of theft must be satisfied
No theft means no robbery
What does the case R v Robinson illustrate?
If there is no theft, there can be no robbery
Conviction quashed due to failure to direct jury on legal right to take property
How can the force element in robbery be satisfied?
• Uses force
• Puts a person in fear of force
• Seeks to put a person in fear of force
Does the term ‘force’ require violence in robbery cases?
No, ‘force’ does not require violence
What was the outcome of R v Dawson and James regarding force?
Conviction upheld as jury determined actions amounted to force
What did R v Clouden establish about force applied through property?
Force against property can count as force on the person
Is physical force required to satisfy the element of fear in robbery?
No, a threat causing fear is sufficient
What does the case R v Taylor demonstrate about threats in robbery?
Threats must be directed to the person who could be subjected to force
What does ‘on any person’ mean in the context of robbery?
Threat or force does not have to be directed towards the property owner
What is the significance of the timing of force in robbery?
Force must occur immediately before or at the time of stealing
What was the ruling in R v Hale regarding appropriation?
Appropriation is a continuous act; force used after theft can still satisfy robbery
What must the defendant intend to do in relation to force in robbery?
Intend to use force in order to steal
What does R v Vinall highlight about the timing of force and intention?
Force must be used at the time of theft for robbery to apply
