Robbery Flashcards
Definition of robbery
Theft with force of the threat of force (S.8 Theft Act 1968).
Theft
There must be a completed theft before there can be a robbery. (Robinson). If any element of theft is missing then no theft so no robbery (Corcoran & Anderson).
Force
The jury decide if the acts by D constitute force, using the ordinary meaning of the words (Dawson & James ‘merest nudge is enough). Force includes wrenching a bag from a person’s hand (Clouden).
Seek to out a person in fear of force
Doesn’t matter if the V isn’t frightened (B&R v DPP). Doesn’t matter if the threat isn’t what a V perceives, fingers in jacket pretending gun (Bentham)
Force, or threat, must be immediately before or at the time of theft
For robbery, appropriation is a continuing act (Hale) so force does not have to occur at the exact time the property is taken (Lockley). Force before theft to enable theft to take place will probably be held to be force at the time of theft.
Force, or threat, must be in order to steal
The force must be in order to steal. Force used for another purpose does not become robbery if D later decides to steal.
Force, or threat, can be on any person
The force can be against any person, does not need to be against the victim of robbery.