Robbery

Question 1

What is the AR for robbery?

S.8 Theft Act

Answer 1

• AR of theft: appropriating property belonging to another
• Force on any person
• Use of threat of force immediately before or at time of stealing

Question 2

What is the MR for robbery?

Answer 2

• MR of theft: dishonesty with intention to permanently deprive
• Intended to use force in order to steal

Question 3

Robbery: AR of theft?

Answer 3

If no theft, then no robbery
* robbery is an aggravated form of theft

Question 4

Robbery AR: what are the 3 ways to satisfy force or threat of force

Answer 4

• uses force:
  
  • not defined and is a matter of fact for jury whether D’s action amounts to force
  • needs to be direct contact so force used against property must cause force against person
• puts person in fear of being then and there subjected to force
  
  • no need to apply physical force against person
  • threat by D which causes V to think force will be used is enough
• seeks to put person in fear of being then and there subjected to force
  - D can still be liable, even if person is not aware that they are being threatened with force, provided that D intends to make person think they will be subjected to force

acts of pickpocket aren’t enough for force for robbery

force need not be directed towards person from whom property is stolen but can be on any person

Question 5

What is the issue in regards to AR: Use or threat of force immediately before or at time of stealing?

Answer 5

Where use of force occurs after theft has been committed - but was dealt by treating appropriation as a continuous act and it was for jury to decide when act of appropriation had come to an end

Question 6

Robbery MR: intention to use force in order to steal?

Answer 6

• it cannot be that stealing is an afterthought to force - idea that intention to permanently deprive was formed at a later point in time than force is used but instead force must be used immediately before and while stealing or even where person has started stealing before force is used (use continuous act theory).