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criminal law robbery notes
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What is robbery?Section 8 -
(1) A person is guilty of robbery if he steals and immediately before or at the time of doing so, and in
order to do so, he uses force on any person or puts or seeks to put any person in fear of being then
and there subjected to force.
(2) A person guilty of robbery, or of any assault with intent to rob, shall on conviction on indictment
be liable to imprisonment for life
Actus Reus of robbery involves ;
theft
use of force on any person/putting or seeking to put person in fear of force
immediately before or at the tie of the theft
in order to steal
Mens Rea of robbery involves;
requires proof of:
D intended to steal and
D intended to use force on a person or to put a person in fear of force in order to steal
the requirement of theft;
- no liability for robbery if there is no theft
- if one of the elements of theft is missing - there can be no robbery
- R v Robinson 1977; R v Skivington 1968, Vinall 2012
Immediately before or at the time of the stealing;
- robbery is not committed if the force is used or threatened after the theft is finished.
- The issue of when the theft is complete is a question of fact for the jury to decide
- Theft can be a continuing offence
- Hale 1979, Lockley 1995
In order to do so;
- the use or threat of force must be 'in order' to carry out the threat
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