Robbery

What is Robbery?

(S8) Someone steals and, immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being subjected to force

What Act is Robbery Under?

Theft Act 1968

What Type of Offence is Robbery?

Indictable offence

What is the Maximum Sentence for Robbery?

Life imprisonment

What is the Actus Reus of Robbery?

Actus Reus of Theft + Application of force or Threat of force

R v Dawson & James

Amount of force can be small but must be sufficient to be noticeable

R v Clouden

No need to apply direct force to the victim; applying to clothes or property is sufficient

B & R v DPP

Threat of force is enough

Victim need not have actually been frightened by force

R v Hale

Force must be immediately before or at the time of theft

If forced applied after theft complete then may not be robbery, but is a theft a non-fatal offence instead

Force must be used in order to…

Steal (otherwise, theft and non-fatal offence)

What is the Mens Rea for Robbery?

Mens Rea for Theft + Intention or Reckless in using force or threatening to use force in order to steal

What is the difference between Intention and Recklessness in terms of Robbery?

Intention → D deliberately used or threatens force in order to steal

Recklessness → D takes a conscious risk that force or threat of force could be used in order to steal