Name the AR and MR of robbery
AR:
- AR of theft: appropriation of property belonging to another
- Force
- On any person
- Immediately before or at the time of stealing
MR:
- MR of theft: dishonest, intention to permanently deprive
- Intend to use force in order to steal
Can you commit robbery without committing theft?
NO
What are the three ways in which the AR of “force, or threat of force” can be understood”?
1) Uses force
2) Puts a person in fear of being then and there subjected to force
3) Seeks to put a person in fear of being then and there subjected to force
How is force understood? Does it require violence?
Ordinary meaning - no need for violence
Can be applied via property / force to detach property
How is “puts a person in fear” understood?
No need to apply physical force against a person to satisfy this element - threat that force will be used is enough
No need to fear the actual force used against them
How is “on any person” understood?
Threat / use of force does not have to be directed towards the person from whom the property is stolen
How does the court handle robbery when the use of force occurs after the theft has been committed?
Court will continue the appropriation as a continuous act
Who decides whether ‘force’ has applied for robbery?
Matter of fact for the jury - does not require violence
Give an example of a limitation of the continuing act element of robbery?
if you use force, and commit theft as an afterthought
What is the time frame for force for robbery?
Immediately
