ROBBERY

Robbery

Definition (AO1)

Where D steals and immediately before or at the time of doing so (and in order to do so), uses force on any person, or puts / seeks to put any person in fear of being then and there subjected to force

• Indictable offence (tried in Crown Court)

• Maximum sentence - Life imprisonment

(Must first establish a completed theft before moving to robbery)

Robbery

Source (AO3)

Theft Act 1968 s.8

Must establish AR & MR of theft before Robbery

Case (AO3)

(R v Guy)

Robbery - AR

Definition (AO1)

1. Use / threat of force:

2. Immediately before / at time of theft

3. On any person

4. In order to steal

If there is no completed theft then there is no robbery!!!

D also does not need to successfully obtain the property - same as theft

No robbery as no theft

Case (AO3)

(R v Robinson)

D believed he had lawful right to £5 so no theft meaning no robbery

Robbery where D is unsuccessful (V retains the property)

Case (AO3)

(Corcoran v Anderton)

Ds tried to pull handbag from woman’s grasp but bag fell to the floor and did not end up in Ds’ possession. Still robbery even though V retained the item

AR - Use / Threat of Force

Definition (AO1)

Whether D’s conduct amounted to force / threat of force:

• Force is ordinary term and a question of fact for the jury

• The force need not be significant / strong and does not even need to hurt or touch the V.

• Force must be applied to a person (not necessarily V). Q for jury to decide

• Threat of force is sufficient in order to put V in fear of force.

• No need for V to actually be frightened as long as D seek to do so

The force need not be significant / strong

Case (AO3)

(R v Dawson & James)

D jostled V. While V was distracted, another D picked V’s pockets, taking his wallet. Ds were G of robbery

Force must be applied to any person

Case (AO3)

(R v Clouden)

D wrenched a shopping bag from V - Seen as sufficient force since force applied to bag amounted to force on a person as it affected V’s body.

BUT

(RP & Others)

D snatched cigarette out of V’s hand. Did not satisfy requirement of force as no direct contact. Theft but not Robbery

Threat of force is sufficient in order to put V in fear of force.

Case (AO3)

(R v Bentham)

D used fingers to imitate a gun

Force immediately before or at time of the theft

Considerations (AO2)

immediately before the theft:

• How long before - then & there

At time of theft:

• When is theft complete

• Appropriation is a continuing act

Courts will look at whole circumstances of theft and use their flexibility to give just and equitable outcome.

Force used just after theft

Case (AO3)

(R v Hale)

D stole jewelry and then afterwards, tied up the V’s. Ds G as appropriation of jewelry box was a ‘Continuing Act’

Judges exercised their right of statutory interpretation to convict D.

Force used to escape

Case (AO3)

(R v Lockley)

D (shoplifter) used force in order to escape. Theft viewed as continuing act

Use / Threat of force in order to Steal

Definition (AO1)

Where D uses force for reason other than theft, the subsequent theft will not be robbery.

(Cause & Connection between force & theft)

Use / Threat of force in order to Steal

Case (AO3)

(R v James)

Ds beat up a taxi driver (v). One D opportunistically stole £200 from the taxi. NG of robbery as force was not done in order to steal.

Robbery - MR

Definition (AO1)

• D intended (Direct / Oblique) to use force in order to steal

  OR

• D intended (Direct / Oblique) to put V in fear / try to put him in fear of force in order to steal

V does not actually have to be in fear of force (frightened)

V not actually in fear of force (frightened)

Case (AO3)

(B & R v DPP)

Conviction upheld as intention of D instead of fortitude of V is considered

Robbery Exam Structure

(AO2)

Theft 1-5:

1. Appropriation

2. Property

3. Belonging to Another

4. Dishonestly

5. With Intention to permanently Deprive

Robbery 6-7:

6. Robbery AR

7. Robbery MR