Robbery

• Robbery

  s.8 Theft Act: ' a person is guilty of robbery if he commits theft, and immediately before or at the time of doing so, he uses force on any person or puts any person in fear of force.
• Actus reus

  a theft, force of threat on any person immediately before or at the time of the theft, the force must be used to steal.
• A theft

  theft must be committed before there can be a conviction of robbery
• R v Waters 2015

  - snatched V's phone and convicted of robbery

  - CoA quashed as evidence didn't establish intention to permanently deprive of phone
• Force or threat of force on any person

  - the force can be minimal
• R v Clouden 1987

  - wrenching a bag from someone is force on a person, snatching it from their lap is not

  - force doesn't need to be applied, has to seek to put V in fear of force
• B & R v DPP 2007

  - the V said he didn't feel threatened or scared so D's appealed conviction

  - conviction was upheld as this was not relevant- the definition of robbery states that the D 'seeks' to put 'any person in fear of being subjected to force
• Immediately before or at the time of theft

  - if occurs too early in advance of theft, might not be robbery

  - if theft is ongoing, it can be robbery
• 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'.
• The force must be used to steal

  if force or threat of force is used for other reasons, it is not robbery
• Mens rea

  - same as theft

  - intention to use force to steal