Robbery Flashcards
What is it
Theft with force
What section gives the definition ?
What is the definition
It is defined in s8(1) of 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 seek to put any person in fear of being then and there subjected to force’
AR
1) Theft
2) using force or putting or seeking to put any person in fear of force
3) immediately before or at the time of theft
4) on any person
5) in order to steal
MR
Two elements
1) MR of theft (dishonesty + intention to permanently deprive the other of it)
2) intention or recklessness as to use to the force to or threat of force to steal
Theft
There must be a completed theft for a robbery to have been comitted i.e. Both the AR and MR must have been proved
The case of Robinson (1977) demonstrates that if the elements of theft are not complete then there cannot be robbery
A case where it was held that theft had been committed and therefore the D was guilty of robbery was-Raphael (2008)
Where force is used to steal, then the moment the theft is complete there is a robbery - Corcoran v Anderton
Force or threat of force
i) Force
As well as theft, the prosecution must prove force or the threat of force
The word force is not defined in the act. However, the force, or threat of force, must be sufficient to be noticeable, but not necessarily to V
The amount of force can be small- Dawson and James (1976)
Clouden (1987)- force does not have to be direct force on the V, in this case it was to her bag
ii) Threat of force
The definition of robbery makes it clear that robbery is committed if the D puts or seeks to put a person in fear of force
It is not necessary that force be applied
The threat of future violence will not suffice as this would not fulfil the definition of ‘ fear of being then and there subjected to force”
Robbery is also committed even if the V is not actually frightened by the D’s actions or words; it is the D’s intention that matters B and R v DPP
On any person
This means that the person threatened does not have to be the person from whom the theft occurs
Immediately before or during the theft
The force or threat of force must be immediately before, or at the time of the stealing
Hale - the appropriation can be an continuing act; as it continued while the V was tied up the force was ‘in order to steal’
Lockley confirmed Hale
In order to steal
The force or threat of force must be used in order to steal
If the force, or threat is used for a different purpose then it is NOT robbery
This is also the case where for example the D has an argument with the V and punches him, knocking him out. The D then sees that some money has fallen out of v’s pocket and decides to take it = no robbery
However, where the force is used to allow the theft to happen, e.g. To obatain the keys to a building or a safe then it can be robbery. E.g. The tying up of v in hale.
