Robbery

Created by: Kennedy1812
Created on: 05-04-16 20:22

Robbery - defined in

S8 TA 1968

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Robbery definition

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.

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ACTUS REUS

Completed theft, Use or threat of force on any person Immediately before or at the time of the theft, In order to steal

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MENS REA

MR of theft, Intention to use or threaten force to steal

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completed theft includes

S2 Dishonesty S3 appropriation S4 property S5 Belonging to another S6 Intention to permanently deprive

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R V Dawson and James

Even a small slight touch can amount to force. It is a question of fact for the jury to decide.

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RP and Others V DPP

Taking a cigarette out of a person’s mouth does not amount to force

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R V Clouden

Force can be applied to a person indirectly

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B and R V DPP

Lord Justice Smith said; ‘It is the intention of the perpetrator than the fortitude of the victim which determines whether the offence is robbery.’

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R V Lockley

If D uses / threatens force at some point during a continuing theft, then he will be using force in order to steal.

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S2(1)(a)

D is not dishonest if he believes he has a legal right to deprive V of the property

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S2(1)(b)

D is not dishonest if he believes the owner would have consented to the appropriation had they known of the circumstances.

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S2(1)(c)

D is not dishonest if he believes the owner of the property can’t be discovered through reasonable steps.

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INTENTION TO USE OR THREATEN FORCE IN ORDER TO STEAL

S8 - Direct intention needed

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Other cards in this set

Card 2

Front

Robbery definition

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Card 3

Front

ACTUS REUS

Back

Card 4

Front

MENS REA

Back

Card 5

Front

completed theft includes

Back

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Robbery