OFFENCES AGAINST PROPERTY: ROBBERY

  • defined in s8 of Theft Act 1968

  • indictable offence with a maximum life sentence

  • “theft accompanied by use or threat of force before or at time of stealing and in order to steal”- s8 TA

  • bop on prosecution to prove beyond reasonable doubt that d is guilty

AR

  • same AR as theft- appropriating property belonging to another . If there is no theft, then there is no robbery ROBINSON

  • there must be a completed theft COROCAN V ANDERTON even though ran off without bag, all elements had ben completed

  • force not need be substantial DAWSON AND JAMES, but must be more than trivial P V DPP

  • s8 says that 1. the force or the threat of force must be used immediately before or at the time of the theft HALE expanded this to include force being used in order to escape (theft was ongoing when d was tied up, continuing act of appropriation) 2. it MUST be in order to steal

  • force or threat of force can be used on any person, not just victim

  • Force/threat of force must be used in order to steal

“force”

  • DAWSON held force can be ‘minimal’

  • words alone can be enough CLOUDEN

  • can include things like wrenching a bag CLOUDEN

  • snatching a cigarette was not counted as force P V DPP

  • B AND R V DPP schoolboy surrounded by gang of youths- no serious violence, was pushed- but courts upheld convictions . v said wasn’t scared but court held no need to show v was scared but that d did try scare them

MR

Mens rea same as theft.

  • intention to steal and intention or recklessness as to force ROBINSON

  • R V WATERS no intention to permanently deprive V of phone

  • dishonesty , the ivy test (would a reasonable person think that d was dishonest by the standards of a reasonable dishonest person), intend to permanently deprive the other of the property . must intend to use force/threat of force .

  • ‘intent’ defined in MOHAN as a ‘desire to bring about the prohibited consequences’