Robbery

• Definition

  • S8 Theft Act 1968
  • 'A person is guilty of robbery if he steals, and immediately before or at the time of doing so, as in order to do so, he uses force on any person or puts or seeks to put any fear of being then and there subjected to force'
• Actus reus

  • Theft + use of force or seeking to put any person in fear of force in order to steal
• Mens rea

  • Theft + intention to use force in order to steal
• A completed force

  • Theft S1
  • Dishonest appropriation of property belonging to another with the intention of permanently depriving the victim of it
  • R v Zerei
• Threat of force

  • Force or seeking to put anyone in fear of force to steal (Dawson and James 1976)
  • Level of force = jury discretion
  • P v DPP (2012): Force or threat must be against the person
  • B+R v DPP (2007): It doesn't matter if the victim didn't fear force only that the D intended it
• Immediately before or at the time of the theft

  • Hale (1979) Lockley (1995): Force and theft can be part of a continuing act
  • In order to steal - force must be used with the intent to steal
• In order to steal

  • Force must be used in order to steal
• Mens rea

  • MR for theft
  • Intention to use force
• MR for theft

  • Dishonesty - Ivey test
  • Intention to permanently deprive
• Intention to use force

  • Fagan v MPC (1969), R v Mohan (1976), R v Woolin (1998) - emphasise intent to use force
  • Direct = Main aim (Mohan)
  • Oblique = Virtual certainty + D foresaw it (Woolin)