Robbery

• What is the meaning of Robbery under s8 (1) of the Theft Act 1968?

  S 8(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
• What are the AR elements of robbery?

  1. AR: D steals and immediately before or at the time of doing so, and in order to do so, uses force on V or puts V in fear of being subjected to force.
• What is the L.P of R v Robinson? (where D was not dishonest as he honestly believed that he was entitled to the money)

  L.P: must be completed theft for robbery to be established
• What are the L.Ps of R v Dawson & James? (where one of D nudged V in order for the other D to steal what V dropped)

  L.P: as the legislation does not state how much force is needed, it is up to the jury to decide with the ordinary meaning of force

  L.P: the jury would normally agree that robbery is satisfied with a low level of force
• What is the L.P of R v Manghan & Manhgan?

  L.P: the jury would agree that pick-pocketing is seen more as theft than robbery because no force is required
• What was the L.P of R v Hale?

  L.P: force can also be used just after the theft if the jury decides that there was a continuing act with both appropriation & force occurring at the same time
• What are the L.Ps of R v Harris? (where D didn't use force & took V's property when V was passed out from a fight?

  L.P: D will not be convicted if he did not use force in order to steal
• What must the jury consider if the theft took place after force was used?

  is a question of fact for the jury to determine whether the force was used ‘in order to steal’
• Does D have to use force to scare V?

  NO:

  Can be satisfied if the victim apprehends force (similar to assault)
• What are the L.Ps of DPP v R?

  L.P: V does not have to actually be put in 'fear' of force
• What are the L.Ps of r V Bentham? (where D pretended to have a gun)

  L.P: meaning of 'then and there' means that fear of force has to be immediate: V must fear force at the time of the robbery

  L.P: empty threats of force will still be sufficient for robbery as V still feared the infliction of force
• What is the L.P of Smith v Desmod?

  L.P: Force may be directed at any person, does not have to be the property owner
• What is the L.P of R v Martins?

  L.P: force may be indirect (does not require physical contact between D & V)
• What is the L.P of R v Taylor? (where D tried to rob a gun & handed V a note a note that he had a gun towards a third party)

  L.P: it is not enough to make someone fear that someone else will be subjected to force (will not be sufficient if C is not put in fear of being subject to force)
• What are the MRs of Robbery?

  1. MR of theft: dishonesty & intention to permanently deprive
  2. Force must be committed with the intention of stealing
• What is s8 (2) of Robbery?

  A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life
• How is s8 (2) different from s8 (1)?

  • only need ‘intent to rob’
  • May be useful where the robbery fails as D still intended to commit the offence