Robbery

What is robbery?

Theft with force

What is the definition of robbery and where does it come from?

Theft Act 1968 S.8:

“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 puts or seeks to put any person in fear of being then and there subject to force”

What is the AR of robbery?

• Steal (a completed theft)

• Force

• Fear/attempt at causing fear (immediate or just before)

What is the MR of Robbery?

• The MR of theft (dishonesty and intention to permanently deprive)

• Intent/recklessness as to the use of force to steal

Case for completed theft:

Robinson 1977 - the D thought he had a legal entitlement to the money so it could not be a theft

What amounts to five or threat of force?

It is not defined in the Act but it must be sufficient to be noticeable. What amounts to force is a question for the jury.

Case for force:

Dawson and James 1976 - the amount of force can be small

Case for fear:

B and R v DPP 2007 - it does not matter whether the victim is actually put in fear or not, it it the defendant’s intention that matters

Case for Force immediately before it at the time of theft:

Hale 1979 - the appropriation was a continuing act so it did count as at the time of the theft

Corcoran v Anderson 1980

Even though the D’s never got full control of the bag, it was still an appropriation/robbery - touch is sufficient for an appropriation

Dishonesty:

S.2(a) - a right in law

S.2(b) - other’s consent

S.2© - reasonable steps

Ivey Test:

1) D’s state of knowledge/belief?

2) Dishonest according to reasonable people?

Intention to permanently deprive:

S.6(1) - keeping regardless of the other person

Velumyl - must be returned exactly as it was

DPP v Lavender - broad definition of “to dispose of of”

S.6(2) borrowing - “the goodness and virtue has gone

Conditional intent - D examines property to see if it is worth stealing - Eason 1971