Robbery

Question 1

Define Robbery.

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, uses force on any person or seeks to put ant person in fear of being then and there subjected to force.

Question 2

Breakdown the four elements of robbery.

Answer 2

1) AR and MR of theft;

2) D uses force or threatens force;

3) This occurs immediately before or at the time of the robbery;

4) Te motivation is in order to steal.

Question 3

What type of offence is robbery?

Answer 3

Indictable only.

Question 4

Define force in the context of robbery.

Answer 4

Violence is not necessarily required. A simple nudging past someone, or pushing of the victim would suffice.

D’s have also been guilty of robbery despite not touching a victim (eg where force is directed towards property not the person themself - such as a bag).

Question 5

Against whom must the force be threatened?

Answer 5

Threat or use of race usually is against the person to whom the property belongs, but this is satisfied through force or threat of force against any person according to s8.

Importantly however, if the force or threat of force is against a third party, the victim themself must be aware of this force.

Question 6

Summarise the requirement of force against a person.

Answer 6

• whether D has used or threatened force is a question for the jury;
• the force need not be substantial;
• it does not matter against whom the force is sued or threatened; and
• the force can be directed against property.

Question 7

Explain the requirement that the force must be immediately before or during the robbery.

Answer 7

The force must be broadly simultaneous to the set to satisfy the definition of robbery.

In most cases, this is clear. However say two people had a fight, and then one found the other’s phone after the fight has ended, this would not satisfy the timing requirement for robbery.

Question 8

Explain the decision in R v Hale.

Answer 8

Man threatened young boy on the way out of a house he had stolen from.

This was found to satisfy the timing requirement, as it was deemed that the theft was still ongoing at the time the force was threatened.

Question 9

Explain the requirement that the force or threat of force must be in order to steal.

Answer 9

This is only satisfied where it can be proven the force used or threatened was in order to steal. It cannot be satisfied if the fore was used for any other reason.

Question 10

What is the MR of robbery?

Answer 10

The same as for theft. The AR is also the same.

The further requirements are

1) the use of force or threat of force against any person (either the victim or someone else where the victim is wore of the threat to the third party);

2) either at the time of the robbery or immediately prior to it; and

3) the threat of, or force itself, is in order to steal.