Robbery

Question 1

What is robbery?

Answer 1

Theft with force

Question 2

What is the actual definition of robbery and where is it found?

Answer 2

Section 8 Theft Act 1968: stealing and immediately before or at the same time of doing so and in order to do so, he uses force on any person or seeks to put them in fear of being then and there subjected to force.”

Question 3

Robbery type of offence and max sentence

Answer 3

Indictable: life imprisonment

Question 4

Five elements of a robbery

Answer 4

• A theft; and
• Immediately before or at the same time as stealing
• Uses force or there is a threat of force
• On any person
• The force or threat of force is in order to steal.

Question 5

Actus Reus and mens rea

Answer 5

• Actus reus = theft and force or putting or seeking to put any person in
  fear of force.
• Mens rea = mens rea of theft and intention to use force in order to steal

Question 6

What case shows that if one element of theft is missing there is no robbery?

Answer 6

R v Robinson 1977

Question 7

What did R v Robinson 1977 say?

Answer 7

If one element of theft is missing there is no robbery

Question 8

When does force need to be taken place and when is a robbery complete?

Answer 8

• For it to be a robbery and not a simple theft, force needs to be used at
  the time of the theft or immediately before it.
• Once the theft is then complete there is a robbery. This was confirmed in
  the case of Corcoran v Anderton (1840)

Question 9

Robbery or theft?

Answer 9

• Question for the jury to decide
• Dawson and James (1976) and confirmed in Clouden (1987)/ P v DPP 2012

Question 10

Fear of force

Answer 10

• There needs to be force or a fear that force will be used in carrying out the theft.
• not a requirement that the force be applied. A fear of force through a threat is
  sufficient.

Question 11

What is an example of fear of force being used?

Answer 11

A gesture such as holding a gun to someone’s head would also be sufficient. R v Bentham 2005

Question 12

When does the force need to be used?

Answer 12

Immediately before or after the theft. As in R v Hale (1979)
Lockley (1995).

Question 13

Who does the theft have to be done on?

Answer 13

Can be any person. Eg bank robbery and gun aimed at any person.

Question 14

What must the force be in order to do?

Answer 14

In order to carry out the theft

Question 15

Actus reus elements of Robbery

Answer 15

1. Actus Reus of theft
2. Uses force or threat of force to steal
3. Immediately before or at the same time as stealing
4. On any person

Question 16

Mens Rea elements to robbery

Answer 16

1. Mens rea of theft
2. Intention to use force in order to thieve

Question 17

Intention force case

Answer 17

Corcoran v Anderson (1980): woman kept a hold of her bag and force. Theft had to be complete in order for robbery to take place

Question 18

Cases to show it can be a small amount of force

Answer 18

Dawson and James 1976 and R v Clouden 1987

Question 19

Can force be applied indirectly?

Answer 19

Yes, R v Clouden 1987: Applied to shopping bag

Question 20

P v DPP 2012

Answer 20

Snatching cigarette held by victim not force

Question 21

What case held Snatching cigarette held by victim not force?

Answer 21

P v DPP 2012

Question 22

Force used immediately before or at the time of theft

Answer 22

• R v Hale 1979: If the act of theft continues when the force is used then it is immediate. This was followed in R v Lockley 1995

Question 23

On any person

Answer 23

Doesn’t have to happen to the person threatened. E.g. Bank robbery