Robbery - s.8 THEFT ACT 1968

Lucy Nove
Mind Map by Lucy Nove, updated more than 1 year ago
Lucy Nove
Created by Lucy Nove over 4 years ago
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A2 Law (Offences Against Property ) Mind Map on Robbery - s.8 THEFT ACT 1968, created by Lucy Nove on 02/07/2017.

Resource summary

Robbery - s.8 THEFT ACT 1968
  1. Actus Reus
    1. All elements of theft must be present:
      1. Dishonest
        1. Appropriation
          1. As soon as the appropriation is complete there is a robbery: CONCORAN v ANDERTON
          2. Property
            1. Belonging to another
              1. Intention to permanently deprive
              2. 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.
                1. Where D uses force, the force can be small: DAWSON AND JAMES
                2. Force must be used or threatened in order to steal
                  1. Must be used or threatened on any person: P v DPP
                    1. The person on whom the force is used does not have to be the person from which the theft occurs: HALE
                  2. Force must be used or threatened immediately before or at the time of theft.
                    1. An appropriation can be a continuing act and it is for the jury to decide when it has stopped: HALE
                    2. Not robbery if D gets V to part with the property by threatening to use force in the future.
                    3. Mens Rea
                      1. Must show mens rea of theft by showing D acted dishonestly and has the intention to permanently deprive V of the property.
                        1. If D has not committed theft, he cannot be convicted of robbery, even if he uses force in order to steal: ROBINSON
                        2. 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.
                          1. 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
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