Offences against Property - Robbery

Question 1

S 390 PC

Answer 1

(1) In all robbery there is either theft or extortion –
(2) Theft is robbery if, in order to commit theft etc. D, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear or instant death…
(3) Extortion is robbery is D, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death… and by so putting in fear, induces that person to deliver up the thing extorted.

Question 2

Elements of Robbery

Answer 2

Theft / Extortion

With use of force (with causal linkage)

[PP v Chia Poh Yee [1992] 2 SLR 804]

Question 3

PP v Chia Poh Yee [1992] 2 SLR 804

Answer 3

D was in the same lift as a 7 year old boy. He removed 40 cents from the boy’s pocket, at the same time slapping the boy once telling him not to take the same lift again.

Held: No robbery, but D was convicted of theft under s356 PC for using criminal force in committing theft.

In order for there to be robbery, any force or threat of force used in the course of the theft must be for the purpose of committing the theft.

On the facts, the slap was not for the purpose of stealing since he had already obtained the money when he did so.