Robbery

Robbery

S. 8 defined robbery as a theft carried out,  immediately before or at the time with the use of force or apprehension of force  to any person during the theft.

Actus reus

There must  be a complete theft

- A complete theft must occur in order for a robbery to happen.  Corcoran v Anderton held that robbery can occur so long as theft can be proven and there is force used.

 Force or threat of force must be used to the victim

- R v Dawson and James held that force can be minimal like the slightest push and can be applied through a medium as in R v Clouden.

- B and R v DPP held that the victim does not need to fear the use of force by the defendant.

- Smith v Desmond held that the the person being threatened with or inflicted with force need not be the victim of the theft.

Immediately  before or at the time of the theft

- R v Hale and R v Lockley held that an appropriation could be a continuing  act and if there is force used or a threat of force within the appropriation,  this is enough to constitute robbery.

Mens rea

R v Robinson held that the defendant must have the mens rea of Theft (dishonesty... with intention to permanently deprive the owner of property).  There must also be an intention to use force or threat of u in order to steal.