Robbery

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Where is the statutory definition of Robbery situated?
s8 Theft Act (1968)
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What is the definition of Robbery?
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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What are the actus reus elements which must be proved for robbery?
Theft and force or putting or seeking to put any person in fear of force
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What are the two conditions to the force?
immediately before or at the time of the theft. Must be in order to steal
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What are the mens rea elements of robbery that must be proved?
had the mens rea for theft (ITPD + DAP) and intended to use force to steal
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Robinson (1977)
Must be completed theft for robbery, all elements of theft must be present, if one is missing there is no robbery.
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Concoran v Anderton (1980)
When force is used to steal, the moment the theft has been completed, there is a robbery.
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Clouden (1987)
Aswell as the theft, they must have used force or threat of force, the amount of force can be small.
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What does the robbery definition say about force?
D puts or seeks to put someone in fear of force. NOT necessary that force is applied. Putting D in fear is sufficient- includes threatening words and gestures.
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B and R v DPP (2007)
If D seeks to put someone in fear of force then an element of robbery is present. The victim does NOT have to be frightened and the force doesn't have to be great.
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'On any person'
The person threatened does not have to be the person who is subjected to the theft.
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When must force be used?
Immediately before or at the time of the stealing.
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What problems does this raise? Hale (1979)
How immediate does the force have to be? When is the theft completed so force is not at the time of stealing?
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Force must be used in order to steal
Any later theft will not make it a robbery. eg- D punches someone then sees money in their pocket- two separate offences
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Other cards in this set

Card 2

Front

What is the definition of Robbery?

Back

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

Card 3

Front

What are the actus reus elements which must be proved for robbery?

Back

Preview of the front of card 3

Card 4

Front

What are the two conditions to the force?

Back

Preview of the front of card 4

Card 5

Front

What are the mens rea elements of robbery that must be proved?

Back

Preview of the front of card 5
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