Detailed Notes on Robbery and the Theft Act 1968

Overview of Robbery According to the Theft Act 1968

  • Section 8 of the Theft Act 1968 defines robbery and outlines the necessary components to establish guilt.

Key Elements of Robbery

  1. Definition of Robbery
       - A person is guilty of robbery if they steal, and immediately before or at the time of stealing, they use force on any person or threaten to put any person in fear of immediate force.
       - Legal Consequence:
          - Anyone found guilty of robbery or assault with intent to rob can be liable to imprisonment for life.

  2. Components of Robbery
       - Element 1: Commission of Theft
         - The defendant must have committed theft, which requires proof of both mens rea (guilty mind) and actus reus (guilty act) of theft.
       - Element 2: Use of Force or Threat of Force
         - The defendant must use or threaten force at the time of the theft. This element entails three specific aspects:
         - (a) Use or Threat of Force
           - Force is interpreted in its ordinary meaning.
           - The level of force can be minimal; even a slight nudge while stealing (e.g., in Dawson) can be considered force.
           - Force can be used against the person or property, but it must result in touching the property that affects the victim's body.
           - For instance, merely pulling property out of a bag does not constitute force, whereas pulling it from a person's grasp does.
           - Example: In P v DPP, the defendant snatched a cigarette without using force against the person; hence, it did not qualify as robbery.
           - A defendant can threaten force against someone other than the theft victim (e.g., threatening a parent to steal from them).
           - There is no requirement for the victim to feel afraid, only that force or its threat was used.
         - (b) Intent of Force
           - The force must be employed with the intent to steal. If force is used accidentally, it cannot be the basis for a robbery charge.
         - (c) Timing of Force Use
           - The force must be used at the moment of the theft or immediately before it.
           - It does not count as robbery if force is used solely for escaping post-theft.
           - Example: Snatching a phone from someone's hand may constitute robbery if the force coincides with the action of taking the property.
     

Case Study: R v Hale (1979) 68 Cr App R 415 (CA)

  • Summary of the Case: Robert Hale and an accomplice, McGuire, committed a robbery by confronting Mrs. Carrett, during which Hale covered her mouth to prevent her from calling for help while McGuire stole a jewelry box.

  • Legal Proceedings:
      - The jury was instructed that Hale could be convicted based on the force used in the robbery regardless of whether it was to facilitate escape post-theft.
      - Hale's defense argued that it constituted misdirection because the force was used to escape.

  • Court's Findings:
      - The court held that the act of appropriation (theft) is continuous and does not cease immediately upon seizing the property.
      - The jury was justified in finding that force was applied by Hale to enable him to commit the theft (e.g., covering Mrs. Carrett's mouth).
      - The act of tying her up also constituted use of force enough to fulfill the criteria of robbery, as it was intended to aid in the theft.

  • Conclusion: The court dismissed Hale's appeal affirming that they were engaged in theft and that the force used provided grounds for a conviction of robbery.