Robbery Knowledge Summary

• Definition:

  Under s.8 of the Theft Act 1968, a person is guilty 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 any person in fear of being there and then subjected to force.
• Actus Reus

  1. Firstly, there must be a completed theft so the actus reus and mens rea of theft must be established (R v Robinson). S.1 of the Theft Act 1968 states that a person who dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it is guilty of theft.
• 2. Next, the question of force against the person must be established. Case law suggests that this can be minimal, but it must be sufficient to be noticeable. It is a matter for the jury to decide. In Dawson & James, a nudge was sufficient; in Clouden, force directed at a handbag was sufficient.
• 3. The final element is that the force must be used immediately before or at the time of the theft. The courts take a wide interpretation of this and can regard this as a continuing act as in Hale and Lockley.
• Mens Rea

  1. Mens rea of theft
  2. Intention to use force in order to steal
• Sentence

  If the offence is established, D is convicted of robbery. This is an indictable offence and if convicted, D could face a maximum of life imprisonment.