Robbery Flashcards
Robbery: Section 8 of the Theft Act 1968
Indictable Offence: maximum penalty of life imprisonment
Definition
A person is guilty of robbery if:
a. He/She steals AND
b. Immediately before OR
c. At the time of doing so AND
d. In order to do so
e. He uses force on any person OR
f. Puts or seeks to put any person in fear of being then and there subjected to force
Steals
Robbery is an aggravated form of theft, so in order for robbery to be proven, theft has to be proven first.
Theft: Dishonetly appropriate property belonging to another with the intention to permanently deprive the other of it.
Immediately before OR at the time of doing so
Force must be used IMMEDIATELY BEFORE or AT THE TIME of the theft.
Force cannot be used in the FUTURE or after the theft.
In order to do so
The use of force must take place IN ORDER for the theft to be carried out.
The force does not have to be exerted towards the victim. It can also be force that is used to extract something and there is no need for the victim to exercise resistance.
Uses force
Jostling and nudging amount to force. Snatching a cigarette from someone’s hand does not amount to force.
The force and the threat of force can be carried out over a period of time, e.g. tying up a security guard and waiting for the time lock on a safe to open.
Example of NO ROBBERIES
- A man snatching a woman’s purse from her hand without force, then pushing her over = assault and theft
- At the end of a fight, as an afterthought, a man sees the opportunity to dishonestly take an item of property from somebody he has injured in the fight = assault and theft
ALEX was riding a bike. JAKE was running from the police and saw ALEX with the bike. JAKE thinks he could get away faster on the bike, so he pushes ALEX off the bike and takes the bike with him. JAKE rides it for a few miles, then abandons it. => Not a robbery, the initial intention was not to permanently steal the bike and permanently deprive the other of it.
=> All five elements of the theft must be proven to have applied at the time of the robbery.
On any person, or
The threat or use of force can be used on any person.
The threat does not have to be on the person from whom the property is stolen, however, the third person must be aware of it.
It must be a person, force on e.g. a dog or a baby who cannot fear for their safety does not amount to theft, but blackmail.
Puts or seeks to put any person in fear
It is the offender’s intention, not the victim’s reaction to being threatened that matters, e.g. if the intended victim is a ninja worrier and is not put in fear, this does not matter, as it was the offender’s intention to put them in fear that is important.
You cannot fear for another person, if they are not in fear, e.g. a baby: they do not know fear, but a parent might fear for them. This does not amount to robbery, but blackmail.
Of then and there being subjected to force
A threat to use force must be made before or at the time that the theft is committed with the intention that something should happen immediately.
