Theft & Robbery: Use of Force

[Flash Card 1 of 1]

Theft Act 1968 (TA)

• S8(1) TA: 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.

Actus Reus (AR)

Theft AR

• S1 TA: appropriates / property / belonging to another
• theft must be completed (Robinson)

Use of force

• against: any person / property (Clouden)
• V: must be aware of threat / no fear necessary (R v DPP)
• immediate or @ time of theft / escape sufficient appropriation continuing act (Hale)
• stolen wallet / jostled / jury decision if force used (Dawson and James)
• fingers under jacket fake gun / D intends to cause fear / irrelevant if threat is real (Bentham)

Mens Rea (MR)

Theft MR

• dishonestly / intention to permanently deprive
• conviction overturned / no intent permanently deprive (Vinall)

Use of force

• intent or recklessness / use force or fear

bits of law