How does s8[1] Theft Act 1968 define someone as 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
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What forms the actus reus of robbery
steals
force or threat of force
on any person
immediately before or at the time of stealing
in order to steal
2 of 15
How is 'steals' established
must commit theft
3 of 15
what are cases for this
robinson
corcoran and anderton
4 of 15
is force defined in this act
no
5 of 15
what are some cases for force
dawson & james
rp & others
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how is threat of force established
d must seek to put v in fear but v needs not actually be in fear
7 of 15
what are some cases for this
b & r v dpp
bentham
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how is 'on any person' established
force can be used on v, someone with or near v, on v's property
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what is a case for this
clouden
10 of 15
for 'immediately before or at the time of stealing' what happens if the force is used after the theft
the jury may decide that the appropriation continues until the force arrives so that the force is interpreted as the time of stealing
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what is a case for this
hale
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how is in order to steal made out
force or threat of force must be used in order to steal
force that is irrelevant to the theft does not amount to robbery
13 of 15
what does r v james show us about this
if d incapacitates v without intending to steal from him and then opportunistically steals there is no robbery
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what is the mens rea for robbery
mens rea for theft (dishonest + intention to permananently deprive)
plus intention or recklessness from the use or threat of force
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