Robbery Flashcards
What is the definition of robbery according to s8 Theft Act 1968?
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.
What must occur for a person to be guilty of robbery?
The person must be guilty of theft; no theft means no robbery.
Which case established that a robbery occurs when force is used to steal?
Corcoran v Anderton.
What constitutes ‘force’ in the context of robbery?
An ordinary word decided by the jury; very little force is needed.
What is an example of indirect force in robbery?
R v Clouden, where force can be applied indirectly.
Is it necessary for the victim to actually feel fear for there to be robbery?
No, it is irrelevant whether the victim was actually put in fear.
What can be considered an implied threat of force in robbery?
Surrounding the victim.
What does ‘immediately before or at the time of stealing’ mean in the context of robbery?
Force follows the theft; appropriation is a continuing act.
What does ‘on any person’ imply in the context of force during robbery?
Force can be applied to the victim or their property if it affects them.
Would pulling a shoulder bag off a victim’s shoulder be considered force?
Probably not, as per P v DPP.
In order to steal, what must the force used achieve?
The force must enable theft.
What is the mens rea (MR) for theft in the context of robbery?
Dishonesty (s.2) and intention to permanently deprive (s.6).
What types of intention are relevant for the use of force in robbery?
Specific intention or oblique intention.
What is the maximum sentence for robbery?
Life imprisonment.
Robbery Summary
1 - s8 Theft Act - Define AR and MR
2 - Force need only be very minor
3 - Force used in order to steal
4 - Requires a completed theft
Robbery Full AO1 Template
Robbery is defined in s8 Theft Act 1968 as theft with force, or the threat of force immediately before or at the time of stealing and in order to steal. The mens rea requires D to have the mens rea of theft, and an intention to use force or threaten the use of force in order to steal.
The word steals requires D to be guilty of theft. No theft means no robbery as in R v Robinson. Where force is used to steal, then the moment the theft is complete, there is a robbery (Corcoran v Anderton). APPLY
When looking at force, it need only be very minimal and minor, as in R v Dawson and James - a nudge was sufficient. Force can also be indirect (R v Clouden). It is enough to seek to cause V to apprehend violence and is irrelevant whether V was actually put in fear (B&R v DPP), and there can be an implied threat of force e.g., surrounding the victim (B&R v DPP).
Immediately before or at the time of stealing – where force follows the theft use R v Hale/ R v Lockley – appropriation a continuing act.
On any person – force on V’s property if affects V (R v Clouden), on any person with or near to V. However, if a thief pulls a shoulder bag so that it slides off the victim’s shoulder, would this be considered force? Probably not. And it would certainly not be force if a thief snatched a bag which was resting (not being held) on the lap of someone sitting on a park bench. See P v DPP.
The force must enable theft (In R v James, the force used by D was not done in order to steal)
