Robbery - Theft Act 1968
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1
What statute is robbery defined in, and what is the maximum sentence?
- s.8 Theft Act 1968
- max sentence = life
- max sentence = life
2
What must be found for there to be an est. robbery?
- All elements of theft must be fulfilled
- AR = use or threat of force, which is immediately before or during the theft
- MR = Intenteckless as to use of force, and force used in order to steal
- AR = use or threat of force, which is immediately before or during the theft
- MR = Intenteckless as to use of force, and force used in order to steal
3
What is the definition of robbery? (It desc all the steps)
- s.8(1) = 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/seeks to make any person fear being subjected to force
4
What do you have to do before the robbery steps, and which case says this?
- THEFT
- robbery requires a completed theft (ROBINSON)
- robbery requires a completed theft (ROBINSON)
5
What does it mean that there must be use or threat of force?
- the jury decides what amounts to force or threat of force (CLOUDEN)
- Force does not require violence - even a nudge is enough (R V DAWSON AND JAMES)
- force threatened does not have to be real; it is enough that D intended to create fear (Bentham)
- Force does not require violence - even a nudge is enough (R V DAWSON AND JAMES)
- force threatened does not have to be real; it is enough that D intended to create fear (Bentham)
6
What does it mean that the force/fear must be immediately before or at the time of the theft?
- The theft can be a continuing act (HALE)
- force used in order to escape counts as force used to steal (R v Lockley)
- force used in order to escape counts as force used to steal (R v Lockley)
7
What is the Mens Rea of robbery, and so what must you prove?
- the MR of theft (dishonesty + IPD)
- intentional or reckless application of force
Must prove:
- there is dishonesty and IPD, therefore MR of theft
- that D intended/was reckless as to force
- intentional or reckless application of force
Must prove:
- there is dishonesty and IPD, therefore MR of theft
- that D intended/was reckless as to force
8
Which cases can be used to prove D had intentionaleckless application of force?
- R v Mohan = intention is a decision made to bring about prohibited consequence
- R v Cunningham = recklessness is an unjustifiable risk
- R v Cunningham = recklessness is an unjustifiable risk
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