Robbery Flashcards

(12 cards)

1
Q

Define Robbery

A

A person is guilty of robbery if they steal and immediately before or at the time of doing so, and in order to do so, use force or put/seek to put someone in fear of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What section is Robbery defined under

A

s8 Theft Act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the 4 elements to establish the AR for Robbery

A
  • Theft
  • Use or Threat of Force
  • Immediately before or at the time
  • In order to steal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain Theft and give a case

A
  • All elements of Theft (AR + MR) must be proven first.
  • No Theft = No Robbery
    R v Robinson: D believed he was entitled to money. Not dishonest. No Theft. No Robbery.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain Use of Force and give a case

A
  • Can be any force, even minimal
  • Includes: Force on a person or Property
    P v DPP - Minimal Force (pulling cigarette) still sufficient
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain Threat of Force and give a Case

A
  • D must put or seek to put V in fear of force. V does not actually need to feel fear.
    B and R v DPP: enough that D intended to cause fear, even if V was not scared.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain “Any Person’

A
  • Force or threat can be against any person, not just the V
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Explain Immediately Before or At the Time and give a case

A
  • Force must be used at the time of theft
    R v Lockley: Force used while escaping = still robbery
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Explain In Order to Steal and give a case

A
  • Force must be used to enable the theft
    R v James: Force used for another reason = not robbery
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the two elements required to Establish MR of Robbery

A
  • Mens Rea of Theft
  • Intention or recklessness as to force.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain MR of Theft

A

Same rules as Theft
- Dishonesty
- Intention to permanently Deprive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explain Intention or Recklessness as to force

A
  • If force used -> D Must intend or be reckless as to using force
  • If threat -> D must intend to cause fear of force
How well did you know this?
1
Not at all
2
3
4
5
Perfectly