Property Offences - Robbery

Question 1

S.8 the Theft Act

Answer 1

‘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.’

Question 2

Actus reus of robbery

Answer 2

1) steals (completed theft)
2) force or fear (or seeking to put the person in fear of force), immediately before or at the time of theft.

Question 3

Mens rea of robbery

Answer 3

1) mens rea for theft
2) intention to use force to steal

Question 4

Consequences of robbery

Answer 4

It is an indictable offence and therefore, d could be faced with an unlimited fine or 4 years to life imprisonment.

Question 5

Actus reus - requirement 1 cases

Answer 5

Zerei - no conviction due to no convicted theft
Waters - no force and no intention to permanently deprive, therefore no conviction of robbery
Cororan v Anderton - robbery conviction, intention to permanently deprive and force used.

Question 6

Actus reus - force or threat of force

Answer 6

Threat of force - creating fear is sufficient. Seeking to create fear without causing it is sufficient. No physical touching needed.
Force - usually interpreted as ‘taking v’s hand’ and can be a small amount used.

Question 7

Threat of force and force - cases

Answer 7

Dawson and James - amount of force can be small
Clouden - using force on the bag = using force on v because the bag was ‘wretched’ from v’s hand
P v DPP - no direct contact = no conviction, force must be used ‘on a person’.

Question 8

Fear of force

Answer 8

Fear of force can be enough to complete the offence of robbery, even if v isn’t frightened.

Question 9

Fear of force - case

Answer 9

B and R v DPP - there was no force, but clear threat of force, therefore robbery.

Question 10

The immediacy of force

Answer 10

‘Force, but be immediately before or at the time of stealing’.
What problems might this raise?
- time delay
- when is theft truly complete?

Question 11

Immediacy of force - cases

Answer 11

Hale - force was put immediately before and during theft. Theft is ongoing/in progress, resulting in robbery
Lockley - appropriation is a continuing act, d still used force

Question 12

Force in order to steal

Answer 12

If force was not used for this purpose, then no robbery offence can be successful.