Robbery

What section of the Theft Act contains Robbery?

Section 8

What is the first element of theft?

There has to be a “steals”

What is the quotation for robbery in section 8?

“A person is guilty if he steals and immediately before or at the time of doing so, he uses force on any person, or puts or seeks to put any person in fear of being subjected to force then and there.”

What must the prosecution first prove about a steals?

They elements of theft

Robinson (1977)

Facts - D was owed money by V’s wife. D approached V with a knife. D argued with V who then dropped money which V kept.

Principle - D genuinely believed he had a right to the money and a right to ITPD. He was not entitled to use knife. Guilty of battery but not robbery.

Corcoran v Anderton (1980)

Facts - D grabbed V’s handbag, he then dropped it and ran off empty handed.

Principle - D was convicted of robbery as the theft was completed when he grabbed the handbag.

What constitutes a force or fear of force?

It is enough that D threatens V

Dawson and James (1976)

Facts - D1 pushed V so hard that he lost balance and then D2 could take his wallet.

Principle - The use of force is a QFJ but definitely included knocking someone off balance

Clouden (1987)

Facts - D snatched a handbag out of V’s hand. It was argued the force was not on a person.

Principle - Even though the force was only slight, the judge was right to allow the jury to decide.

Who decided if the force is immediately before or at the time of the theft?

It is a QFJ as to what constitutes immediately before. The question is what constitutes “at the time of the theft”

Hale (1979)

Facts - Two D’s force their way into a house. D1 tied up V while D2 took items from upstairs.

Principle - The appropriation of the box was a continuing act. The force was used for as long as they possessed the box.

Lockley (1995)

Facts - D was challenged leaving a shop after he took cans of beer. D pushed shopkeeper and ran off.

Principle - He was guilty as it was still “At the time of the theft”

How must the force be used in order to commit the theft?

The force must be used to steal

What is meant by the force can be used on any person?

It does not have to be against the person whom the offence is committed.

What is the MR of robbery?

The prosecution must prove the MR of theft along with the intention to use force to steal