Robbery

Question 1

Where in law is robbery defined?

Answer 1

Section 8 of the Theft Act 1968

Question 2

What is the legislative definition of robbery?

Answer 2

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 (S8 (1) Theft Act 1968)

Question 3

Can there be robbery if there is no theft?

Answer 3

No. There can be no robbery if there is no theft

Question 4

In simple terms what is robbery?

Answer 4

Robbery is theft + use of force OR threat of force on any person to aid the theft

Question 5

With regard to robbery, what is stealing?

Answer 5

Stealing = theft as defined in S1 of Theft Act 1968

Question 6

When must force be used to constitute robbery?

Answer 6

Immediately before or at the time of doing so

Question 7

With regard to robbery could ‘immediately before or at the time of doing so’ still mean force is used and then the theft occurs hours later?

Answer 7

Yes if there is an unbroken chain of events (ie people tied up while a safe is being opened)
No if the chain of events is broken

Question 8

With regards to robbery does force / threat of force have to be related to the theft?

Answer 8

Yes. The force / threat of force has to be in order to affect the theft it can’t be unconnected.

Question 9

If someone steals someone else’s phone then punches them is this robbery or theft or another offence(s)?

Answer 9

Not robbery as force happened after the theft. Could be theft, could be assault etc

Question 10

What does ‘in order to do so’ mean with regard to robbery?

Answer 10

That the force or threat of force must be done in order to take the property

Question 11

With regard to robbery does the use of force have to be intentional?

Answer 11

No. The use of force in robbery can be applied intentionally or recklessly

Question 12

In robbery would threatening to use force on a dog meet the legislative definition?

Answer 12

No. Force or threat of force has to be on a person (who can comprehend the force I.e. conscious and not a baby)

Question 13

Does a victim have to be in fear of force being used on them for robbery?

Answer 13

No. The offence doesn’t require the victim to be in fear what is important is the INTENTION of the suspect to put them in fear

Question 14

What does put or seek to any person in fear of being subjected to force mean?

Answer 14

That the suspect put any person (whether the victim or another person) in fear of being subjected to force OR that the suspect intended to put any person in fear (whether they actually felt fear or not)

Question 15

With regard to robbery, if a suspect threatens to harm an unconscious person in a hospital bed if the person next to them doesn’t give them their phone is this robbery?

Answer 15

No. As they unconscious person can’t be put in fear and the suspect can’t have expected to be able to put them in fear and the conscious person who is being asked for their phone can’t feel fear for another person (the unconscious person)

Question 16

When does the threat of force have to occur to meet the tests for robbery?

Answer 16

Then and there. Threat of force can’t be at a later date / time (I.e. I’ll smash your head in next week if you don’t give me your phone)

Question 17

What type of offence is robbery?

Answer 17

Indictable only (crown court)

Question 18

What is the sentencing guidance for robbery?

Answer 18

Maximum term of life imprisonment (range from a community order to life imprisonment)

Question 19

Joe is walking down the street with his phone sticking out of his pocket. James comes up behind him and gently takes the phone out of Joes pocket and puts it in his coat. Joe senses movement and turns around. Panicking James punches Joe in the face and runs off with the phone. Is this robbery?

Answer 19

No. The force was used after the theft and not in order to carry out the theft (charge fails on two counts). It would be theft and then assault.

Question 20

John is walking in the park pushing his baby in a pram. Jake walks up to him and points a knife at the baby saying ‘give me your phone or I will stab the baby’. Scared for his baby John gives Jake the phone who runs off. Is this robbery?

Answer 20

No. The baby doesn’t have the capacity to feel fear itself and John can’t feel fear on behalf of the baby so it fails the tests of robbery. Could be theft + possession of offensive weapon or blackmail.

Question 21

Julia is walking the streets looking for a phone to steal. She approaches Jason and says ‘give me your phone or I’ll stab you’. Jason is twice the size of julia, he can’t see a knife and he isn’t scared or in fear but hands his phone over anyway and Julia runs off. Is this robbery?

Answer 21

Yes. The tests of theft are met and there has been a threat of force on a person then and there. Julia sought to put Jason in fear, it doesn’t matter that Jason doesn’t feel scared etc

Question 22

Joey approaches Jean outside her house and says ‘give me your phone or I’ll put a brick through your window’. Jean hands over her phone and Joey runs off. Is this robbery?

Answer 22

No. The threat was to property not a person so doesn’t meet the legislation definition. Could be other offences like theft etc

Question 23

Jayden is having a fight with Jordan over what to watch on TV. Jayden punches Jordan in the face and Jordans wallet falls out of his pocket as he hits the floor. Jayden steals the wallet and runs off. Is this robbery?

Answer 23

No as Jayden didn’t use force in order to steal from Jordan. Could be theft + assault.

Question 24

Jodie is sat in a cafe and sees someone has left a phone on the table. She pockets it and intends to keep it. As she is walking out the owner of the phone grabs Jodie’s jacket so Jodie punches him and runs away.
Jackie is also sitting in a cafe and realises someone has taken her phone. She runs after the suspect and punches him to the ground before taking her phone back.
Which, if either, has committed robbery? Or have they both?

Answer 24

Neither. Jodie has committed theft and assault (didn’t use in order to commit the theft and the force was after the theft)
Jackie is a victim of theft but could still be charged with assault though could argue a defence in that she was preventing her phone being stolen / a crime (S3 criminal law act 1967)

Question 25

Jackal is a bank a manger. He gets a phone call from his wife telling him that some men have kidnapped her and will harm her if he does not cooperate with their demand to hand over all the cash in Jackals safe which he does. Is this robbery?

Answer 25

Yes. Whilst jackal can’t fear for his wife she (any person) has been put in fear then and there by kidnappers who threatened her to effect thief from the bank.

Question 26

Julia is in a coma in hospital and Justin is visiting her. A person enters the room and threatens to pull the cord on Julia if Justin doesn’t give him his phone which he does. Is this robbery?

Answer 26

No. Julia isn’t aware of what is going on / can’t feel fear at this time and Justin can’t feel fear for her. Could be other offences.