Property offences : Robbery

where is the law set out?

• s.8 Theft Act 1968

• maximum sentence of life imprisonment

what is the definition of robbery?

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

what are the elements?

AR:

• theft

• use (or fear of the use) of force

MR:

• MR for theft

• intent to use force in order to steal

theft (AR)

• all elements of theft must be present, and where force is used with theft, there is a robbery.

• CORCORAN 1980 - D hit V in back and tugged at her bag. D’s was guilty

use of force (AR)

• DAWSON & JAMES 1976 - only a minimal amount of force is required, provided it is on the person.

what case shows the use of force? (AR)

CLOUDEN 1987

• D wretched shopping basket from V’s hand

• using force on bag was effectively using force on the victim.

fear of the use of force (AR)

• threat of force is sufficient, even if not scared.

which case shows the fear of the use of force even is V wasn’t scared? (AR)

B AND R V DPP 2007 - V was surrounded by 5 schoolboys who took money and phone, V was not threatened.

on any person (AR)

the person threatened need not be the person stolen from.

force immediately before or at the time of the future (AR)

no decided case on what sort of time period is covered by ‘immediately before’

• HALE 1979 - D’s broke in house, put hand on V’s mouth, seized jewellery box, tied up V

• force immediately before by hand on mouth and still while tying up V as still appropriating box.

Mens Rea

• must have MR for theft

• must have intent to use force to steal

intent to use force in order to steal (MR)

VINNALL 2011 - Ds punched V who fell off his bike, D1 threatened with knife, V ran away + chased by D, Ds later returned for bike.

• force not used in order to steal so no robbery.