Robbery

Question 1

What is the definition of robbery?

Answer 1

A person is guilty of robbery if he steals and immediately before or at the time of doing so, he uses force on any person or puts any person in fear of being subjected to force.

Question 2

Whats the acts reus of robbery?

Answer 2

1. Appropriation
2. Property
3. Belonging to another
4. Force or the threat of force

Question 3

What is needed to prove theft?

Answer 3

The three actus reus of theft are all needed in order to prove robbery.

Corcoran V Anderton-

• Hit the victim whilst the other pulled at her bag, screamed and they ran off without the bag.
• Still guilty as where forced is used to steal theft is over and there is robbery.

Question 4

What is meant by threat or use of force?

Answer 4

The force does not need to be applied to a person and can be on the property.
The amount of forced used also only needs to be a touch.

R V Clouden-

• Wrenched a shopping bag from the victim.
• Force applied to the bag was enough to constitute robbery.

R V Dawson and James-

• Nudged the victim so man lost his balance.
• Amount of force was enough for robbery.

Question 5

What is meant by on any person?

Answer 5

The person who the forced is used upon does not have to be the same as who is stolen.

Question 6

What is meant by immediately before or at the time of stealing?

Answer 6

The court has to decide how ‘immediate’ the threat must be before the stealing and at what point the spell is complete.
Theft and robbery can also be seen as a continuing ac

R V Hale-

• Ds forced their way into the victims house. One stole while the other used force on the victim.
• Robbery upheld even though they could not say if the theft and force occurred at the same time.

Question 7

What is the mens rea of robbery?

Answer 7

1. Dishonesty
2. Intent to permanently deprive
3. Intentional or reckless application of force.

Question 8

Whats an example of what will not be considered dishonest?

Answer 8

If the victims honestly believe that in law it is their right to the property they will not be considered dishonest.

R V Robinson-

• Owed D money who used a knife to threaten him. Victims dropped £5 which D took as part of payment.
• Conviction quashed as he honestly believed he had a right in law to take money.