robbery

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  • Robbery
    • Robbery is found under S8 of the Theft Act 1968
    • Robbery is effectively a theft, with the use of force or threatened force
    • Robbery is an indictable offence with a maximum sentence of life imprisonment
    • A person is guilty of robbery if he steals, and immediately before or at the time of stealing he uses force on a person or seeks to put that person in fear of being then and there subjected to force
    • Actus Reus
      • Theft
        • There must be a completed theft, all elements of theft must be present
          • Robinson = confirms that if all elements of theft aren't complete there is no robbery
          • When force is used to steal, the moment the theft is complete there is a robbery shown in the case of Corcoran V Anderson
      • With Force
        • The amount of force can be small,
          • Dawson & James
          • Clouden
        • If no direct contact was used there will be no force so won't be liable
          • P V DPP
        • The force must be immediately before or at the time of the theft
          • Lockley
          • Hale
          • The force must also be in order to steal
            • The force or threat of force must be in order to steal
      • Fear of force being used
        • Threatening Words
        • The fact defendant sought to put the victim in fear is enough, the victim does not actually have to be frightened, this is enough for a robbery
          • B and R V DPP
            • Divisional Court stated here conviction was upheld because...
              • No need to show victim felt threatened
              • There could be an implied threat of force
              • There was limited force used
      • Force can be on any person
        • This means that the person threatened does not have to be the person from whom the theft occurred
    • Mens Rea
      • Immediately before or at the time of theft, the defendant has the mens rea for theft
        • Dishonestly
        • Intention of permanently depriving the owner
      • Defendant intended to use force to steal

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