robbery

• Legislation for robbery


  Section 8 of the Theft Act 1968
• Actus reus of robbery


  A completed theft and force or threat of force
• Mens rea of robbery

  Mens rea for theft and intention to use force to steal
• S.1 of the Theft Act 1968

  Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive
• R v Zerei


  All elements of theft must be present
• S.3(1) of the Theft Act 1968 (appropriation)


  Appropriation is any assumption of the rights of the owner
• R v Vinall


  D needs to assume at least one of the owner's rights
• R v Hinks


  Gifts are appropriation
• S.4(1) of the Theft Act 1968 (property)


  Property is money, real property, things in action, personal property and other intangible property
• Oxford v Moss


  Confidential information is not property
• R v Turner (No 2)

  An owner has possession and control over property
• R v Webster


  An owner may have proprietary interest
• R v Hall


  Property received under an obligation is treated as belonging to another
• AGR (No.1 of 1983)


  Property may be received by mistake
• Exceptions to dishonesty


  - D has the right to deprive someone of property (R v Robinson)

  - D would have consent from the other if they knew of the appropriation (R v Holden)

  - The owner of property cannot be reasonably found (R v Small)
• R v Barton and Booth


  Test for dishonesty:

  1. What were D's genuine beliefs?

  2. Would the ordinary and reasonable person consider this dishonest?
• R v Lloyd


  Borrowing is not theft/robbery unless the period of time and circumstances change, making it equivalent to an outright taking
• AGR (No.1 and No.2 of 1979)


  Conditional intent is sufficient
• R v Hale


  Force or threat of force must be immediately before or at the time of the theft
• B and R v DPP


  Force or threat of force can be on any person
• R v Dawson and James


  The force can be small
• R v Mohan


  Direct intent
• R v Woolin


  Oblique intent