Robbery Flashcards
Robbery and blackmail are two separate offences under the Theft Act 1968, but there are some similarities. Explain.
The act of stealing from a person whilst using (or threatening the use of) force or violence to appropriate property.
For blackmail, pressure is put on the victim with the aim of causing him/her a loss.
However, for blackmail no property needs to have been taken and no physical force needs to be involved for the offence to be proved.
Define Robbery
s8 of the 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.
Penalty:
- Indictment– Life imprisonment
There are two main ways the ‘puts in fear’ element of the offence could be established:
- The victim’s statement could should that he/she was put in fear; the degree of fear is not important (everyone’s different).
- The state of mind of the suspect could be evidenced from the suspect’s statement, evidence from other witnesses or circumstantial evidence, such as them holding an offensive weapon.
Must all the elements of theft be fulfilled to commit robbery?
Robbery is simply theft aggravated by the threat or use of force.
Therefore, when it comes to stealing, the elements of theft (dishonest/ belonging to another etc) must be fulfilled.
Is accidental force applicable?
No- say you’re on a train and it jolts as you go to steal something, pushing you into something that is an accidental force.
“Puts or seeks to put any person in fear of being there and then subjected to force.”
The threat of force:
- Must be immediate.
- Must be real (as in intended, not joking etc).
- Must seek to put a person in fear of their safety.
It isn’t necessary for the person actually threatened to fear it would be carried out, rather the person making the threats intended the person would fear that force would be used against them.
Question: A drug dealer is walking down the street with a kilo of cannabis in his bag. A male approaches him and demands the drugs. The dealer refuses so the male punches him to the face and takes his drugs.
Has a robbery taken place?
- Yes, a robbery has taken place.
- Force has been used in order to steal.
- As in theft, property the possession of which is prohibited or unlawful (in this case the cannabis) can still be stolen during the course of a robbery.
Question: Steve is walking down the street when he is approached by a male who quickly takes the laptop bag of his shoulder, making minimal contact. The male runs off and is pursued by Steve. Eventually, the male stops and the offender pushes Steve to the floor.
Has a robbery taken place?
- No, a robbery has not taken place.
- Force has not been used in order to steal. Instead, it has been used after the theft has taken place.
- A more appropriate charge would be theft and then a separate offence of assault.
Question: A woman is approached on a bus and told to a bus and told to hand over her handbag otherwise the person behind her will stab her (there is actually no one behind the woman but she does not know this). She hands over her bag and the offender makes off.
Has a robbery taken place?
- Yes, a robbery has taken place.
- The threat need not be capable of being carried out.
- The offence is complete as soon as the woman hands over the handbag.
- It is important to note that it is the person making the threats intended the victim to believe that force would be used against them.
Question: A tenant approaches a landlord over a deposit they believe should have been paid back. The tenant demands the £100 deposit and the landlord refuses. The tenant punches the landlord to the floor, takes his wallet and removes £100 from it.
Has a robbery taken place?
No, other offences have been committed but not theft as the tenant believes he has a legal right to that money (therefore theft is not made out).
Question: An offender tries to grab a handbag of a victims shoulder but she pulls it back before the offender eventually pulls it from her and runs off.
Has a robbery taken place?
Yes, this is not a momentary use of force and is a robbery.
Question: A man is approached in the street and is handed a mobile phone. The voice on the phone says that if he does not hand over his briefcase to the person in front of him then he will be shot. There is no one with a gun. The victim hands over his briefcase.
Has a robbery taken place?
Yes, the threat need not be capable of being made out only that the person intends the victim to be in fear that it will.
Question: A fight occurs in a pub over a football match. As one man punches another to the floor his wallet falls out. The person who assaulted him, picks it up and runs off.
Has a robbery taken place?
No, robbery has not been committed as the fight was not over the wallet. Instead, the theft of the wallet (and the intention to steal it) has occurred only after he has been assaulted.
Question: Vera who is 86 years old is walking into town as she normally does on a Saturday afternoon. A male approaches her and snatches her handbag from under her arm which shakes her momentarily. The suspect makes off and Vera is unharmed.
Has a robbery offence contrary to section 8 of The Theft Act 1968 happened here?
No, because the force was only momentarily
