7571724
Robbery - s.8 THEFT ACT 1968
- Actus
Reus
- All elements of theft must be present:
- Dishonest
- Appropriation
- As soon as the appropriation
is complete there is a robbery:
CONCORAN v ANDERTON
- As soon as the appropriation
is complete there is a robbery:
CONCORAN v ANDERTON
- Property
- Belonging to
another
- Intention to permanently deprive
- Dishonest
- Force can be used on any person in
order to steal or D can put any
person in fear of force in order to
steal.
- Where D uses force, the force can be
small: DAWSON AND JAMES
- Where D uses force, the force can be
small: DAWSON AND JAMES
- Force must be used or
threatened in order to steal
- Must be used or threatened on any
person: P v DPP
- The person on whom the force is used does
not have to be the person from which the
theft occurs: HALE
- The person on whom the force is used does
not have to be the person from which the
theft occurs: HALE
- Must be used or threatened on any
person: P v DPP
- Force must be used or
threatened immediately
before or at the time of theft.
- An appropriation can be a continuing
act and it is for the jury to decide
when it has stopped: HALE
- An appropriation can be a continuing
act and it is for the jury to decide
when it has stopped: HALE
- Not robbery if D gets V to part
with the property by threatening
to use force in the future.
- All elements of theft must be present:
- Mens Rea
- Must show mens rea of theft by
showing D acted dishonestly and has
the intention to permanently deprive
V of the property.
- If D has not committed theft, he cannot be
convicted of robbery, even if he uses force in
order to steal: ROBINSON
- If D has not committed theft, he cannot be
convicted of robbery, even if he uses force in
order to steal: ROBINSON
- Where D uses force or puts any person in
fear of force, D must have intended to use
or threaten force on any person in order to
steal.
- Where D only seeks to put a person in
fear of force in order to steal, then the
prosecution must show that it was D's
intention to cause V to apprehend that
force might be used in order to steal: B
AND R v DPP
- Must show mens rea of theft by
showing D acted dishonestly and has
the intention to permanently deprive
V of the property.
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