Lecture 11 Robbery Flashcards
What section of the Theft Act 1968 is Robbery?
Section 8 Robbery
What is the definition of Robbery?
A person commits robbery, if he STEALS
and immediately before OR at the time of doing so AND in order to do so uses force on any person
OR puts or seeks to put any person in fear of being then and there subjected to force.
What offence is robbery?
Indictable only
No Theft equals…
No robbery
Before an offence of robbery can be commitment, a full offence of theft must be committed.
Theft does NOT include TWOC or taking a pedal cycle without consent
What is the robbery timeframe?
And immediately before…
Should be an UNBROKEN CHAIN OF EVENTS between the force being used and the theft, even though many hours may have elapsed.
Or at the time of doing so…
At the time of the appropriation.
AND IN ORDER TO DO SO?
The force or putting in fear MUST BE IN ORDER TO COMMIT THE THEFT.
NOT to make good an escape after the theft was committed
USE FORSE ON ANY PERSON?
Exertion or the use of exertion against a person (or thing)
- Very little force is required
- the purpose of the force must be to enable a theft to take place
- It is not necessary to show that the suspect intended to use the force
- The force can be used against a third party or indirectly.
IN FEAR OF BEING SUBJECTED TO FORCE?
- Force does not actually have to be used. The threat of force can be enough.
- BUT IT MUST BE AT THE TIME AND PLACE
- The suspect only needs to intend to put the person in fear. It is not necessary to prove that they were frightened.
- Where only the threat of force is involved, the intention must be to put a person in fear for themselves, an intention to put someone in fear for another is not enough