Robbery

What type of offence is robbery and what is the maximum sentence?

Indictable offence with a maximum sentence of life

what section defined robbery and what as?

s.8 Theft Act 1968: ‘‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, he uses force on any person or seeks to put any person in fear of being subjected to force in order to steal.’’

What are they key aspects of robbery that need to be proven?

1. Steal (complete theft)

2. Use force/ threat

3. Immediately before or at the time of doing

4. on any person

5. in order to steal

6. MR: Intention to steal (Dishonesty + ITPD)

7. MR: Intention to use force

1. Steals (complete theft)

As robbery is aggravated theft it is necessary to prove a completed theft. There is no requirement that the D needs to get away with the property.

Corocan v Anderton:

D hit a woman and tugged at her bag. She let go of the bag and it dropped to the ground, and D ran away without it.

HELD: Was still robbery as he didn’t need to take the bag.

2. Force/threat of force

The amount of force can be small and does not need to be applied directly to the V but can be applied to others or the property.

Dawson and James: D’s were convicted of robbery for pickpocketing because there was force applied.

2.b. Threat of Force

The threat doesn’t have to be towards the V, and the threat does not have to be real.

Bentham: D put his fingers in pocket to seem like he had a gun and asked for jewellery. D was charged with robbery.

The V does not need to be aware or fearful of the threat.

B and R v DPP: V was robbed by a group of schoolboys but said he was not scared. This was irrelevant as a threat of force was still used.

3. Immediately before or at the time of doing so

Force must occur before or at the same time as the theft. If it happens after it will be two separate offences.

The courts can also use a continuing act to ensure the force and theft occur at the same time.

Hale: D went into a house to steal jewellery. The V was tied up as they left. HELD: courts used a continuing act to demonstrate that the theft was still occurring as the force occurred, so they happened at the same time.

4. On any person + in order to steal

Force must have been used on any person in order to steal.

E.g. If Dave punches Bill in order to take a wallet, this is robbery.

If Dave punches Bill and Bill happens to drop a wallet which Dave takes, this is not robbery.

Mens Rea:

Mens rea of theft (Dishonesty (Ivey v Genting) + ITPD (Velumyl)) + Mens Rea as to the force applied.

Robinson:

D threatened V with a knife. V dropped £5 that the D took as part of a £7 payment he was owed.

Held: Conviction failed as he genuinely believed he had a right to the money.