robbery

Question 1

Which section and Act is robbery under?

Answer 1

Robbery is an offence under S.8 of the Theft Act 1968.

Question 2

What is the 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 and seeks to put any person in fear of being then and there subjected to fear’.

Question 3

What is the first element of the actus reus for robbery?

Answer 3

A completed theft.

Question 4

Define ‘steals’.

Answer 4

Robbery requires a completed theft. Therefore, D must ‘dishonestly appropriate property belonging to another with the intention to permanently deprive’.

Question 5

What happens if an element of theft is missing?

Answer 5

If any elements of theft is missing, there is no theft and therefore, no robbery.

Question 6

Which 2 case laws demonstrate the ruling of no theft and no robbery?

Answer 6

R v Waters.
R v Robinson.

Question 7

What does the case of Corcoran v Anderton show?

Answer 7

Where force is used in order to steal, then the moment the theft is complete, there is a robbery.

Question 8

What is the second element of the actus reus for robbery?

Answer 8

Force/threat immediately before or during theft in order to steal.

Question 9

Define ‘immediately before or at the time’.

Answer 9

The force or threat of force used must be immediately before or at the time of stealing property in order to complete that theft.

Question 10

What does the case of R v Robinson show?

Answer 10

If the force and theft are quite separate from each other, it is not robbery.

Question 11

What happens if force is used after appropriating?

Answer 11

If force was used after appropriating, the force would be a separate offence of battery.

Question 12

What does the case of R v Hale show?

Answer 12

Appropriation can be regarded as a continuing act. Therefore, any force used in order to steal during the theft, would make it a robbery.

Question 13

What happens if force was not used for the purpose of stealing?

Answer 13

If force was not used for the purpose of stealing such as stealing, then any later theft will not make it into a robbery.

Question 14

What is the third element of the actus reus for robbery?

Answer 14

Force/threat of force.

Question 15

Define ‘uses force…or puts and seeks to put any person in fear’.

Answer 15

The force or the threat of force must be proven, and only minimal force is sufficient to show this.

Question 16

Which case shows that only minimal force is needed to prove force or threat of force?

Answer 16

R v Dawson and James.
This decision was confirmed in R v Clouden which held that what amounts to force is up to the jury to decide.

So, if the defendant ‘puts or seeks to put a person in fear of force, it isn’t necessary for any force to be applied.

Question 17

What does ‘in fear of being then and there subjected to force’ mean?

Answer 17

Putting the victim ‘in fear of being then and there subjected to force’ is sufficient for robbery, including threatening words or gestures.

Question 18

What does the case of B and R v DPP show?

Answer 18

Robbery is also committed even if the victim isn’t fearful, but a threat of force is present.

Question 19

Define ‘on any person’.

Answer 19

Additionally, ‘on any person’ means that the person threatened doesn’t have to be the one the theft occurs from.

Question 20

What is the MR for robbery?

Answer 20

The MR has 2 elements which are ‘dishonesty’ and ‘intention to permanently deprive’.

Question 21

What does the intention specifically require?

Answer 21

Intending to use force/threat of force in order to steal would be sufficient for robbery.