Monday, July 1, 2013

Robbery

Robbery s8 Theft Act 1968
  • 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.
Actus Reus
  • There must have been a completed theft (Robinson)
  • The moment the theft is complete there is a robbery (if force is used to steal) (Corcoran v Anderton)
Force or threat of force
  • Amount of force can be small (Dawson and James)
  • Includes wrenching a bag out of V’s hands (Clouden)
  • The jury decides whether there was force, using the ordinary meaning of the word
  • Can be implied (B and R v DPP), V does not actually have to have apprehended fear
  • Can be on any person
Immediately before or at the time of the theft
  • For Robbery, theft is held to be a continuing act (Hale)
  • Using force to escape can still be at the time of the theft (Lockley)
Force must be used in order to steal
  • If not then two separate offences of theft and assault (or higher)
Mens rea

  • Mens rea for the theft
  • Intention to use force to steal
  • Intention to put any person in fear of being subjected to force

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