Robbery

Question 1

Which legislative extract covers Robbery?

Answer 1

The Theft Act 1968, Section 8

Question 2

How is Robbery triable?

Answer 2

Indictable only, in Crown Court

Question 3

What is the penalty for guilt in robbery cases

Answer 3

Life imprisonment

Question 4

What is the definition of Robbery?

Answer 4

A person is guilty of robbery if he steals, and immediately before doing so or at the time of doing so, and in order to do so, uses force on any person or put or seeks to put any person in fear of being then and there subjected to force

Question 5

If there is no theft, can a robbery be deemed to have taken place?

Answer 5

No - theft is a necessary prerequisite for robbery

Question 6

If any element of theft cannot be proved, can a robbery still be deemed to have taken place?

Answer 6

No - theft must be proven for robbery to have taken place

Question 7

When must any force or threat be made for a robbery to have taken place?

Answer 7

Immediately before or at the time of the theft

Question 8

If force or threatening is used after the theft, can a robbery be deemed to have taken place?

Answer 8

No - the threat or force MUST be used either immediately before or at the same time as the theft for robbery

Question 9

Can the act of theft in a robbery be a continuing offence?

Answer 9

Yes - the theft is not necessarily complete as soon as the item is picked up, and can continue whilst the item is being removed from its place through a property

Question 10

Who determines if a theft is in continuation?

Answer 10

The jury

Question 11

What is the best way to determine if the act of theft in a robbery is continuing?

Answer 11

By asking if the defendant is “still on the job?”

Question 12

How must the use or threat of force be used to be consistent with the crime of robbery?

Answer 12

It must be used IN ORDER to carry out the theft - force used in any other context means robbery is not committed

Question 13

What question should be asked about the use/threat of force to determine robbery?

Answer 13

Why has the force been used and/or threatened?

If the answer is anything other than to allow the defendant to commit the theft, a robbery has not been committed

Question 14

What property of the force used must be true for robbery to have been committed?

Answer 14

The force must have been used voluntarily by the defendant i.e. not accidentally

Question 15

If only a small amount of force is used in the course of a theft, would that be sufficient to constituent robbery?

Answer 15

Yes, potentially.

Question 16

Must the force used in a robbery always be against the owner/possessor of the property for an offence to be committed?

Answer 16

No - think of force used against a security guard in the act of robbing a bank

Question 17

Must force always be used directly ‘on’ the person for an offence of robbery to be committed?

Answer 17

No - force may also be used indirectly i.e. via something the victim is carrying, thereby transferring force to the body of the person

Question 18

For the offence of robbery to be committed, what is the only legitimate intention of the THREAT of force?

Answer 18

The intention must be to put a victim in fear for themselves ALONE. It is not enough to put them in fear for another (NOTE: this may be different to the actual application of force itself)

Question 19

What offence is committed if a threat is made to use force at some time in the future (even the near future) or at a location other than the scene of the offence?

Answer 19

Blackmail - for robbery, threats must be made immediately before or at the time of the use/threat of force
NOTE - this effectively ensures that threats made via telephone can only constituent blackmail, not robbery

Question 20

Robbery is a theft that what?

Answer 20

Robbery is a theft that has been aggravated by the use, or threat, of force - robbery is theft by assault or threat of assault

Question 21

What is the Actus Reus for robbery?

Answer 21

The defendant must steal and immediately before doing so, or at the time of doing so, use or threaten force on anyone

Question 22

Would an offence of robbery be deemed to have occurred if the force or threat of force can’t be heard or seen i.e. the person is deaf?

Answer 22

Yes - as to the defendant has sought to put the victim in fear, regardless of how effective they are

Question 23

Does using force to Take a Conveyance Without Consent (TWOC) constitute robbery?

Answer 23

No as no theft occurs with TWOC, and theft is prerequisite for robbery

Question 24

Would a minimum amount of force used still be sufficient to constitute robbery?

Answer 24

Yes - the extent of force need only be minimal i.e. nudging into a victim

Question 25

Where must force or the threat of force be applied to legitimately constituent robbery?

Answer 25

To a person’s body or via an article having contact with their body i.e. via a bag they are holding etc.

Question 26

What must be the nature of the force used to constitute robbery?

Answer 26

It must be voluntary i.e. done consciously and knowingly

Question 27

If a victim is unable to comprehend the fear of threat of force, does this still constitute robbery?

Answer 27

No, the person must be able to comprehend to be able to be put in fear for themselves, therefore a baby cannot strictly be robbed?

Question 28

If a threat of future force is made to a victim in the course of a theft, would this still constitute robbery?

Answer 28

No - the force threatened must be capable of being carried our then and there. A threat of future force is blackmail

Question 29

If force is only used to make good an escape from stealing, would this constitute robbery?

Answer 29

No - force used only to escape from a theft is not robbery. The force must be used IN ORDER to steal

Question 30

If force is used i.e. in a fight, and a theft then occurs incidentally, does this constitute robbery?

Answer 30

No, the force must be used IN ORDER to steal

Question 31

Must force be used on the person threatened to constitute robbery?

Answer 31

No - force can be used on any person so long as it causes fear IN THE PERSON BEING THREATENED for the purposes of stealing