Robbery

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  • Created by: rachel
  • Created on: 13-06-14 14:39

Robbery

 S8- Theft Act 1968- 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 or seeks to put any person in fear of being then and there subjected to force.

Actus reus- completed theft, use of threat of force on a person, in order to steal, immediately before or at the time of the theft.

Mens rea- mens rea of theft, intention/recklessness to use force in order to steal.

Completed theft-   Robinson-wasn't dishonest under S2(1)(a).

Corcoran v Anderton- appropriation took place when the bag left her grasp (it doesn't actually need to be taken).

Force/threat of force-    Dawson and James- a nudge counts as force (jury decide case to case what is force).

Clouden- Force can be applied through property.       V does not need to be scared of force.

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Robbery 2

R v DPP- Lady Justice Smith- 'it is the intention of the perpetrator rather than the fortitude of the victim', which determines whether the offence is robbery.

On any person-    Smith v Desmond- D doesn't have to apply/threaten force on the person he is stealing from.

Force must be used/threatened immediately before or at the time of the theft-    Hale- used force after the theft, a continuing act was used.

Force must be used in order to steal-     Lockley- force used in order to steal.

Mens rea- of theft AND intention/recklessness to use/threaten force in order to steal.

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