Robbery
- Created by: __Jess
- Created on: 23-03-23 19:06
View mindmap
- Robbery
- Actus reus
- When a person steals, and immediately before or at the time of doing so and in order to do so, they use force on any person, or seeks to put any person in fear of force
- Steals
- The theft must be complete - all elements of theft must be present
- Corcoran v Anderton
- R v Waters
- The theft must be complete - all elements of theft must be present
- Force or threat of force
- Applies even if the victim is not actually afraid
- B and R v DPP
- Force can be minimal
- Dawson and James
- Force can be indirect
- Clouden
- There must be some contact
- P v DPP
- Applies even if the victim is not actually afraid
- Immediately before or at the time of doing so
- Can be a continuing act
- R v Hale
- R v Lockley
- If the force is separate from the theft, there is no robbery
- Can be a continuing act
- Steals
- When a person steals, and immediately before or at the time of doing so and in order to do so, they use force on any person, or seeks to put any person in fear of force
- S.8 Theft Act 1968
- Mens rea
- Dishonesty
- Not dishonest if he believes he has the right in law to take it
- R v Holden
- Not dishonest if he believes the owner cannot be found after following reasonable steps
- R v Small
- R v Barton and Booth
- Not dishonest if he believes he has the right in law to take it
- Intention to permanently deprive
- Applies if the D ignores the owner's rights in his use of it
- R v Velumyl
- R v Lavender
- Indefinite borrowing will not amount to theft
- R v Warner
- Borrowing can be theft if the goodness has been taken out of the property
- R v Bagshaw
- R v Lloyd
- Applies if the D ignores the owner's rights in his use of it
- Intention to use force
- Dishonesty
- Actus reus
Comments
No comments have yet been made