Robbery

• actus reus (1)

  same as theft - appropriating property belonging to another
• definition s8 theft act 


  "If he steals, and immediately before or at the time of doing so, and in order to do so he used force on any person or puts or seeks to put any person in fear of being then and there subjected to force"
• R v Zerzi 


  D and another man approached V who they knew and told him they would take his car. D pulled a knife took keys punched V and drove car off and abandoned it a kilometre away undamaged

  No intent permanently deprived no theft therefore no robbery.
• If force is used to steal when theft is complete so is robbery


  Corcoran v Anderton

  D hit a woman in back and tugged on her bag, she let go and bag fell to the ground Ds ran off with a bag as woman was screaming.

  Bag fell on ground means deprived therefore robbery
• force or threat of force- small but must be proved 


  R v Dawson and James

  D pushed V, causing him to lose balance and other D took robbery.

  "force" is an ordinary word, jury decision

  confirmed in R v Cloudon

  required level of force left to jury.
• Not necessary to apply force


  Putting the V force or fear of being then and there subject to forces sufficient

  
  

  B + R v DPP - V (school boy), stopped by 5 other school boys who asked for phone and money, V was surrounded and was held while he was searched (took £5, watch and travel card)

  -> Divisional Court, D only has to seek to put V in fear. could be implied threat/limited force
• other situations

  force on bag = robbery

  if bag slips off shoulder ≠ robbery

  not force if snatched off Vs lap - P v DPP- snatched a cigarette from hand, D didn't touch V, no contact = no robbery

  similar to pickpocketing

  if someone distracts V during theft = robbery
• "on any person" 


  doesn't gave to be when theft occurs

  threatened someone else and steal from V = robbery
• force immediately before or at the time of theft

  must be immediately before/at time of theft

  R v Hale- forced way into Vs house, one put hand over Vs mouth to stop screaming whole other stole jewelery. tied V up before left, tied up in order to steal.

  followed in R v Lockeley - tried to shoplift and hurt shopkeeper.

  Courts now view appropriation as a continuing act as in this case force occurred after appropriation.
• force in order to steal

  if force not used to steal, theft ≠ robbery

  pushing then stealing what falls out of pocket = theft and assault
• Mens Rea 


  Mens Rea for theft

  dishonesty and intention to permanently deprive

  and intention to use force to steal