Roberry Flashcards
Definition of robbery - theft act 1968 section 8
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
Type of trail and maximum sentence
Triable on indictment and life imprisonment
‘In order to do so’
In relation to threat of force
The use of threat of force must be in order to carry out the theft. Force used in any other context means the offence is not committed
‘The fear of force’
Where only the threat of force is involved the intention must be to put a person in fear for him/herself an intention to put someone in fear for another is not enough
Key note on the the theft element
For there to be a robbery there must be a theft so if there is no theft there is no robbery and the word ‘steal’ relates to theft offence
The robbery time frame
This requires the force must be used or the threat made immediately before or at the time of
Force on any person
Force can be used or threatened on any person and not necessarily the person who is the subject of the theft. As well as this force must be used on a person and not against property ie threats to smash property
Puts or seeks to put any person in fear of being then and there subjected to force
Whether or not the victim is frightened or whether or not the threats made are capable of being carried out, does not matter it’s the intention of the offender and they are wanting to put or seek to put the victim in fear of being then and there subjected to force