ROBBERY
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
A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life
No theft, no robbery > theft has to be satisfied fully
Actus reus
- Force or threat of force - 3 ways can be satisfied
a. Use of force = matter of fact for the jury whether the defendant's actions amount to force >force' does not require violence + Force can be applied through property
b. Puts a person in fear = no need to apply physical force > threat by the defendant which causes the person to think that force will be used against them or at the very least apprehend that fact, will be enough
c. Seeks to put in fear = defendant can still be liable, even if person is not aware that they are being threatened with force, provided defendant intends to make that person think they will be subjected to force
- On any person
- threat or use of force does not have to be directed towards the person from whom the property is stolen
- Use or threat of force immediately before or at the time of stealing
- if the threat or use of force occurs after the theft has technically been committed > appropriation should be regarded as a continuing act
Mens ReaThe defendant must:
- act with the mens rea of theft; and
- intend to use force in order to steal.
The continuing act theory might be useful here, for in cases where defendant has started stealing before force is used.