Robbery AO1

Section and Act of Robbery?

Section 8 of the Theft Act 1968

Actus Reus?

D must appropriate property belonging to another.

AR of theft must be present. If there’s no theft- there’s no robbery (Robinson)

What must D use for it to class as robbery?

Force- or a threat of force- in order to steal

What does Dawson say about ‘force?’

It can be minimal.

It is an ordinary word for the jury to understand.

What does Clouden say can amount to force?

Wrenching (eg wrenching a bag)

What does not amount to force? (P)

P- snatching a cigarette isn’t using force

(Eg phone thefts in a city))

What does Section 8 say about the timing of the force?

It is important- force must be used immediately before or at the time of the theft (for it to class as robbery)

What does Lockley say about the timing of the force?

Force can be used in order to escape (theft is a continuing act of appropriation)

Can the force/threat of force be on any person?

Yes- the force can be used on anyone

What must D have? (MR)

The Mens Rea for robbery (includes MR for theft)

Mens Rea?

D must be dishonest and intend to permanently deprive the other of property

What is the test for dishonesty (MR)?

Barton&Booth- is D dishonest by the standards of a reasonable&honest person?

What must D also have the intention of?

D must have the intention to use force/threat of force.

Mohan: a decision to bring about the prohibited consequence