Law Property offences

• Robbery is defined in

  Section 8 Theft Act 1968
• s8 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.
• Robbery definition simple


  Using or threatening force immediately before or at the time of stealing.
• Actus Reus of Robbery

  Completed theft.

  Use threat of force on any person.

  Immediately before or at the time on the theft.

  In order to steal.
• Completed theft


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

  R v Robinson (1977).

  Corcoran v Anderton (1980).
• R v Robinson 1977


  V owed D money, during a struggle V dropped £5 which D took as part of the payment.

  Dishonesty was missing in the theft.
• Corcoran v Anderton


  D dropped the bag he had wrestled from V, his temporary appropriation of the property made him guilty of robbery
• Using/threatening force


  D either;

  Uses force on any person.

  OR

  D puts or seeks to put any person in fear or being then and there subjected to force.
• D uses force on any person

  R v Dawson and James (1976)

  RP and others v DDP (2012)

  R v Clouden
• R v Dawson and James (1976)


  Even a small/slight touch can amount to force; it is a question for the jury to decide.

  
  

  D nudged V causing V to stumble and loose his balance, allowing D to then take his wallet.

  (Simply taking a wallet out of a persons pocket will not amount to force)
• RP and others v DPP (2012)


  Taking a cigarette out of a persons mouth does not amount to force.
• R v Clouden 1987


  Force can be applied to a person indirectly through an object.
• D puts or seeks to put any person in fear of being then and there subjected to force

  B and R v DPP (2007)

  Smith v Desmond (1965)
• B and R v DPP


  Group of school boys held V and took his money and mobile, no serious violence was used and V didn't fear anything.

  - even holding someone down can be force (slightest touch)

  - no need to show the V felt threatened just that D had the intention
• Smith v Desmond


  D does not have to use or threaten force on the victim of the theft.

  
  

  Ds robbed a bakery where the night watchman and maintenance engineer was on duty. There hands and ankles were tied and they were blindfolded. Ds made off with £10,447 from the safe.
• Force must be used/threatened immediately before or at the time of theft.

  Must be used immediately before or at the time of the theft, however'

  R v Hale (1979)

  Theft/appropriation can be a continuing act, in which case, any force used/threatened during the theft will be 'at the time of the theft
• R v Hale (1979)


  Theft/appropriation can be a continuing act, in which case, any force used/threatened during the theft will be 'at the time of the theft
• Force must be used in order to steal

  The purpose of D using/threatening V with force must be to achieve the theft.

  If force is unrelated to the theft, there will be no robbery.

  e.g. D and V get into a fight at the club, D knocks V out and Vs wallet fall son the floor so D decides to take it. The force is not connected to the theft.

  R v Lockley
• R v Lockley 1995


  If D uses/threatens force at some point during a continuing theft, then he will be using force in order to steal
• Intention to use/threaten force to steal

  Explain similarly to the actus reus part of it.