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7 Cards in this Set
- Front
- Back
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Definition |
S.8 Theft Act 1986: D steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force. |
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Steal |
D must commit theft. Robinson: no theft = not guilty Corcoran v Anderton: temporary appropriation is sufficient. |
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Use force or threaten it |
Force is an ordinary word with very little force being necessary. Dawson: pushing causing V to lose balance. Threatened force does not been to be applied - can be words or gestures. B & R v DPP: D must seek to put V in fear but it does not need to be proven that V was actually in fear. |
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Force aimed at |
Force can be aimed at V, a person with/near V Clouden: can be aimed at Vs property |
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Force must enable stealing |
D must use force to enable him to steal, so if it is nothing to do with the theft it will not make it robbery. |
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Force must be immediately before or at the time of stealing |
The jury decide how long the theft lasts to decide whether the force is part of it. Hale - as the force was used to escape, appropriation was classed as a continuing act so force used during it amounts to robbery. |
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Mens rea |
Robinson: mens rea for robbery is that for theft |
