Robbery

• X is likely to be liable with robbery under section 8 of the Theft Act 1968
• This states that robbery is theft plus force or threat of force in order to steal.
• The actus reus of robbery includes: appropriation of property belonging to another plus the use of force or threat of force immediately before or at the time of stealing in order to steal.
• Use of force:

  • Dawson and James - the COA stated that force includes the slightest of touch and it can be jostling if used in order to steal.+
  • Clouden - there does not need to be direct force on the victim it can be indirect
• Threat of force:

  • B and R v DPP - it does not matter whether the victim is actually put in fear of force all that matters is the D threatened force+
  • Bentham - it does not matter if the threat of force is not real, all that matters is the D's intention
• S.8 provides the force or threat of force needs to be immediately before or at the time of stealing in order to steal.APPLY
• Hale - the court took the view that appropriation was a continuing act and if the force or threat of force is used afterwards but it is in order to steal.
• Appropriation takes place even if the D does not get away with the property as said in Corcoran and Anderton.
• The mens rea of robbery:

  includes the MR of Theft: dishonesty, IPD plus

  intention to use force or intention to put the victim in fear of force