Robbery

Question 1

Where is Robbery defined and what is the definition?

Answer 1

s8 Theft Act 1968. Robbery is using or threatening force immediately before or at the time of stealing.

Question 2

What is needed for a Robbery to occur and which case says this?

Answer 2

A completed theft (ALL THE ELEMENTS). R v Robinson

Question 3

what are the elements of theft and section numbers?

Answer 3

Dishonesty s2
Appropriating s3
Property s4
Belonging to Another s5
Intention to Permanently Deprive s6

Question 4

Actus Reus of Robbery?

Answer 4

1. Completed Theft
2. Use or threat of force
3. On any person
4. Immediately before/at the time of the theft.
5. In order to steal

Question 5

Mens Rea of Robbery?

Answer 5

Intention to use/Threaten force to steal

Question 6

What is the case where D uses force and LP.

Answer 6

R v Dawson and James. Even a small/slight touch can amount to ‘force’. It should take its common sense meaning and the jury should decide.

Question 7

Can force be applied indirectly?

Answer 7

Yes. R v Clouden. Force can be applied to a person indirectly i.e. through an object.

Question 8

How is force different in Robbery than it is in battery?

Answer 8

Merely taking something is not force automatically; the taking
would have to be forceful to be a robbery. RP and others v DPP.

Question 9

Case for THREAT of force and LP.

Answer 9

B and R v DPP. For the threat of force, D only needs to intend to make V fearful; whether V actually fears the threat is irrelevant.

Question 10

what does s8 say about threat of force?

Answer 10

D must threaten force to put s person in fear of being ‘then and there’ subjected to force.

Question 11

What case highlights what force can and cannot be used on and what are they?

Answer 11

Smith v Desmond. Force can be used/threatened on anyone, even if it is not the person who is stolen from (but the force cannot be used/threatened on an object, only a person).

Question 12

what is the case about continuing acts in Robbery and LP.

Answer 12

R v Hale. Theft/appropriation can be a continuing act, in which case any force used/threatened during the theft will be ‘at the time of the theft’.

Question 13

What is the case on ‘In order to steal’ and LP.

Answer 13

The purpose of threatening/using force against v must be to achieve the theft. R v Lockley says Force used in order to escape after stealing is force used to steal.

Question 14

What is the case on the Mens Rea ‘INTEND to use force in order to steal’ and LP.

Answer 14

The purpose of threatening/using force against v must be to achieve the theft. R v Lockley says Force used in order to escape after stealing is force used to steal.