Robbery P1 Section B

Question 1

Which act is for robbery

Answer 1

S8(1)The theft act 1968

Question 2

Which section of the TA defines robbery

Answer 2

S8(1)

Question 3

What does S8(1) define robbery as

Answer 3

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

Question 4

Which parts are the actus reus

Answer 4

• completed theft
• force(threat of force)
• on any person
• at the time or immediately before the theft
• in order to steal

Question 5

Which parts are the men’s Rea

Answer 5

Intentional use of force/threat of force to steal

Question 6

For robbery what do you need first

Answer 6

All the elements of theft

Question 7

What is the case for element of theft missing

Answer 7

R v Robinson

Question 8

What is the legal principle in R v Robinson

Answer 8

Is an element of theft is missing there can be no robbery

Question 9

What is element 1 of robbery

Answer 9

All elements of theft

Question 10

What is element 2 (a) of robbery

Answer 10

Either
D uses force

Question 11

What are the cases for D uses force

Answer 11

R v Dawson and James
RP and other v DPP
R v Clouden

Question 12

What is the legal principle in R v Dawson and James

Answer 12

Even a small/slight touch can amount to force ; it is a question of fact for the jury to decide

Question 13

What did not count as force in RP and other v DPP

Answer 13

Taking something out of someone’s hand withot touching them did not count as force

Question 14

What is the legal principle in R v Clouden

Answer 14

Force can be applied to a person indirectly through and object

Question 15

What is element 2(b) of robbery

Answer 15

D puts or seeks to put any person in fear of being then and there subjected to force

Question 16

What is the case for 2 (b)

Answer 16

B and R v DPP

Question 17

Give and example of D pitting another in fear of force

Answer 17

Pointing a gun at someone
Holding knife to someone

Question 18

What did lady justice smith say in B and R v DPP

Answer 18

it is the intention of the perpetrator rather than the fortitude of the victim which determines whether the offence if a robbery

Question 19

What is element 3 of robbery

Answer 19

Smith v Desmond

Question 20

What is the legal principle in Smith v Desmond

Answer 20

D doesn’t have to use or threaten force on victim of the theft

Question 21

What is element 4 of robbery

Answer 21

Force must be used/threatened immediately before or at the time of theft

Question 22

What is the case for element 4

Answer 22

R v Hale

Question 23

What is the legal principle in R v Hale

Answer 23

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

Question 24

What is element 5 of robbery

Answer 24

Force must be used in order to steal

Question 25

What is the case for element 5

Answer 25

R v Lockley

Question 26

What is the legal principle in R v Lockley

Answer 26

Force in order to escape after stealing is still force used to steal

Question 27

What is element 6 for robbery (men’s Rea)

Answer 27

D also needs to intend to use force in order to steal

Question 28

What do you do for element 6

Answer 28

In reality it’s the same as element 5 and same evidence can be used for both