Zusammenfassung der Ressource
Robbery - S8 Theft Act 1968
- "A person is guilty of robbery if he steals, and
immediately before or at the time of doing so, he uses
force on any person or seeks to put any person in fear
of being then and there subjected to force."
- Very simply 'Theft with force'
- Actus Reus
- AR for Theft
- Appropriates - S3(1)
Theft Act 1968
- Looked at flexibly in
robbery cases
- Corcoran v Anderton (1980)
- Property - S4(1)
Theft Act 1968
- Oxford v Moss (1979)
- Belonging to Another
S5 Theft Act 1968
- Turner (1971)
- Application of
threat of force
- May be applied directly
or indirectly
- Clouden (1987)
- Must be sufficient as
to be noticeable
- Dawson and James (1976)
- Cannot be too akin
to pickpocketing
- RP and Others v DPP
(2012)
- The threat does not
have to be real
- Bentham (2005)
- The force must be used immediately
before, or at the time of the theft.
- S8(1) Theft Act 1968
- Can occur after the theft
- SIngle Continuing Act
- Hale (1978)
- Force must be used
in order to steal
- Cannot simply be an
offence against the person
- Mens Rea
- MR for Theft
- Dishonesty
- 1st limb of Ghost
test (objective)
- D's behaviour vs
reasonable, honest man
- Ivey v Genting
Casinos LTD (2017)
- Fact-finding mission into the D's
knowledge/belief as to the facts
- Intention to permanently
deprive the V of property
- S6 Theft Act 1968
- Zerei (2012)
- Intent/Subjective recklessness
as to the use or threat of force
- Subjective Recklessness -
Cunningham
- Direct Intent -
Mohan
- Indirect Intent -
Woollin