Robbery

Where is Robbery defined?

S8 Theft Act 1968

What is Robbery defined as?

a theft aggravated by the use/threat of force in order to steal

How many elements are needed to satisfy robbery as an offence?

3

What is the first element?

All theft elements must be present (APBDI). However, D does not need to be successful in getting away with the property (Anderton)

What is the second element?

that there is a threat of force again the V 

Does force have to be applied to the owner of the property for it to qualify as robbery?

No (Desmond)

Does the force have to be extreme to count?

No, it can be a push (Dawson)

What is a case for threats of force?

Bentham

Can force applied after the appropriation count as robbery?

Yes, the appropriation is considered a continuing act (Hale) (Lockley)

Is it robbery if force is used to facilitate a theft or escape?

Yes, (Hale & the continuing act)

Is it robbery if D did not originally intend to steal but did once the opportunity presented itself either due to battery?

No, it is considered an opportunistic theft + battery as the force wasn’t used in order to steal

What is the third element?

D must intend or be reckless about using force to steal. The MR for theft must also be present (Robinson).