Robbery

Robbery Under s8(1) Theft Act 1968

Somebody steals and immediately before or at the time uses force or fear of force or any person in order to steal with intention.

Completed Theft

The AR and MR of theft

Robinson (1977)

D had a right in law to the property and so there was no completed theft and therefore no robbery - there must be a completed theft. if an element is missing, there is no theft and no robbery.

Corcoran and Anderton (1980)

the moment the theft is completed with relevant force, there is a robbery.

Force

A nudge can be enough, not defined sufficient to be noticeable jury to decide using the ordinary meaning of the word ‘force’.

Dawson and James (1976)

a nudge is considered enough to be force - it is for the jury to decide if what occurred amounted to force.

Clouden (1987)

Wrenching shopping trolley from V amounted to force.

Threat of Force

Using threats and fear as a form of force.

B and R v DPP (2007)

it does not matter if V is not scared/fearful of D, it is D’s intention to cause fear of force that matters.

Bentham (2003)

Even if the threat is not real, the D’s intention to cause fear is what matters - use of a fake gun still amounts to a threat of force.

On a person

On any person - not necessarily the victim of the theft.

P v DPP (2012)

if there is no direct contact between D and V then it cannot be said that force has been used on a person.

Hale (1978) (Before theft)

Theft can be a continuing act, it is for the jury to decide when the theft is complete and therefore whether force has been used during/after the theft.

Lockley (1995) (After theft)

Theft as a continuing act - using force to escape can still be at the time of the force.

Corcoran and Anderton (1980) (During theft)

Robbery is committed at point of appropriation, even where the robber fails.

In order to steal

Force used for other purposes does not become a robbery if D later decides to steal. MR for theft.

Intent to use force to steal

Mohan - Direct intent

Woolin - Indirect intent