Robbery Flashcards
What Act does Robbery fall under?
Section 8(1) Theft Act 1968
What are the points to prove for Robbery ?
• Stole property
• Immediately before/at the time of doing so
• and in order to do so
• Uses force upon a person or sought to put a person in fear of immediate force
Can Robbery take place if a theft has not happened first ?
No, in order for a Robbery there must be a theft.
Example - A man fails to snatch a bag of a women because she fought him off (Not Robbery)
What is robbery? (In a nutshell)
A theft that is aggravated by the use or threat
of force
Does using force on someone to commit TWOC?
No, as TWOC does not amount to a theft.
What is important to remember in relation to the force in a robbery?
- The stealing must be aggravated by force that is either USED or AGGRAVATED
- The force used can be minimal (a nudge)
If a pickpocket is in the process of stealing a purse and is nudged by the crowd, loses their balance and falls into the victim applying involuntary force, is this robbery?
No, as the force must be voluntary
Can someone fear for someone else’s safety, and would this be robbery?
You cannot fear for someone else’s safety – that is Blackmail- The accused’s intention in making the threat must be to put a person in fear of force being used against them
When must the force being threatened be used?
The force threatened must be capable of being carried out there and then at the time of the threat
Any threat of future force will not be robbery – but will be blackmail
In relation to the threat of force, what is important to remember about the location?
Threatening force at any place other than
at the scene is insufficient – as it will not
be possible to execute such threats there
and then.
Threats directed over the phone will not
constitute robbery – as it will not be possible
to execute the threats there and then
What is important to remember in relation to the timing of the use or threat of force?
The use or threat of force must be either:
- Immediately before the stealing
or
- At the time of stealing
There must be an ‘unbroken chain of events’ between the use or threat of force - in order to facilitate the theft – even though many hours may have lapsed between them.
Scenario: Mortinson approaches Matthews waving a kitchen knife and shouts ‘Give me your money, or you’ll get this’. Matthews, who is an ex-soldier and a self-defence instructor, is not afraid. He disarms Mortinson who runs off empty-handed.
Q: Has Mortinson committed the offence of robbery?
No, Mortinson does not commit the act of robbery because he has not committed theft. Had Mortinson actually stolen property from Matthews, an offence of robbery would have been complete because Mortinson intended to put Matthews in fear of immediate use of force.
Scenario: Mabel is walking along near to her home address, when James approaches her from behind and easily snatches the handbag she is carrying from her grasp. As he is running off he takes the purse from the bag and throws it down behind him as Mabel is trying to run after him. She falls over and injures her arm.
Q: Has James committed the offence of robbery?
No, the circumstances in this scenario do not amount to an offence of robbery because the violence was not used in order to steal.
Scenario: Mark’s partner has been having an affair with Simon. One day Mark and Simon meet outside the Red Lion when Mark decides to deal with the matter. He punches Simon in the face causing him to fall and bang his head, knocking himself out. Mark sees that Simon’s wallet has fallen out of his pocket, so he picks it up and runs off with it
Q: Has Mark committed the offence of robbery?
No, the circumstances in this scenario do not amount to an offence of robbery because the violence was not used in order to steal.
Is using force to TWOC a robbery?
No, TWOC does not amount to a theft.
