Carla snatches a handbag from Delia. Delia is so surprised that she lets go of the bag and Carla runs off with it.
Robbery is an offence under section 8 of the Theft Act 1968. It is a theft which uses either force or the threat of force in order to steal. To be guilty of robbery, there must be a completed theft present.
Theft is to dishonestly appropriate property belonging to another with the intention to permanently deprive. Firstly, you must start by looking at the Actus Reus.
Section 3 of the Theft Act 1968 is appropriation. This is the assumption of the rights of the owner. In the case of Gomez (1993), it was decided that any assumption of the rights of the owner would be classified as appropriation. By taking the purse, there is a clear assumption of the rights of the owner as she is treating the bag as though it is her own.
Section 4 of the theft act is property. It states that property includes money, real property, personal property, things in action (such as cheques) and other tangible items. Some intangible items are also property although things such as knowledge are not. Wild fruits and animals cannot be stolen unless they are taken in which to sell and in the case of animals, tamed animals can be stolen. As it is a handbag that Carla has taken, this is clearly tangible property.
Section 5 of the Theft Act is belonging to another. It states that property is regarded as belonging to any person that has possession, control or a proprietary interest in the property. Property obtained by mistake is not an excuse as it is a legal obligation to return the money. Property also belongs to another where it is received with an obligation to retain a deal. It is clear that the handbag belongs to Delia as she a proprietary interest over the handbag (Turner).
The Mens Rea of Theft is dishonesty and the intention to permanently deprive. Section 3 of the theft act is dishonesty. There is no actual definition of dishonesty in the theft act, although...