Robbery

Question 1

S8 Theft Act 1968

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

Question 2

Actus Reus

Answer 2

1. Completed theft (AR and MR)
2. Use or threat of force on any person
3. Immediately before or at the time of theft
4. In order to steal

Question 3

Mens Rea

Answer 3

1. Mens rea of theft

2. Intention to use/ threaten force to steal

Question 4

1. Completed theft

Answer 4

• AR and MR must be present.

* AR - When force is used to steal, then the moment the theft is complete, there is also a robbery.

Question 5

Corcoran v Anderton

Answer 5

D does not have to take possession of the property (Morris), D only needs to assume one of the owner’s rights.

Question 6

R v Robinson

Answer 6

If any of the elements of theft are missing, there CANNOT be a robbery.

Dishonesty not present - S2 (1) (a)

Question 7

2. D either d force (on any person)

Dawson and James

Answer 7

Jury decides what counts as ‘force’.

The nudge D gave V amounted to force - Slightest touch may count as force (Thomas).

Question 8

RP and Others v DPP

Answer 8

Pick pocketing won’t amount to ‘force’ because it has always been regarded as theft in common law.

Question 9

R v Clouden

Answer 9

Force can be applied to the person via the property - Reminds one of DPP v Khan.

Question 10

2. OR D puts or seeks to put any person in fear of being then and there subjected to force.

Answer 10

By words, possibly silence, gestures and weapons - V does not need to be scared.

Question 11

B and R v DPP

Answer 11

Lord Justice Smith: “It is the intention of the perpetrator rather than the fortitude of the victim” which determines whether the offence is a robbery.

Question 12

2. On any person

Answer 12

Force must be used/ threatened against A person - does not have to be against V of theft.

Question 13

Smith v Desmond

Answer 13

D doesn’t have to use or threaten force on the victim of theft.

Question 14

3. Force must be used/ threatened immediately before or at the time of theft.

Answer 14

S8: Specifies that force must be threatened so as to put a person in fear of being “then and there subjected to force” - implies any threat must be of force being used at that point, if not very soon after.

Question 15

R v Hale

Answer 15

Ds argued force wasn’t used until after the theft. Courts gave “at the time of theft” a broad interpretation. Appropriation of jewellery had to be interpreted as a continuing act, otherwise, Ds would get away with it.

Courts might interpret “immediately before” as a single transaction.

Question 16

4. Force must be used in order to steal

Answer 16

Purpose of D using/ threatening force must achieve the theft.

Question 17

R v Lockley

Answer 17

if the appropriation / theft is continuing when force is used, and force is to achieve theft, then it is ‘in order to steal’.

Question 18

5. Intention to use/ threaten force in order to steal

Answer 18

Intent (Mohan) to use/ threaten force to steal.