Robbery

Theft Act 1968 S8(1)

Definition
Robbery can be seen very simply as theft with force. The actual definition is
stated in the Theft Act 1968 S8(1) as:

- A person is guilty of robbery if he steals, and immediately before or at

the time of doing so, and in order to do so, he uses force on any person
or puts or seeks to put any person in fear of being then and there
subjected to force.

Thus meaning Robbery is an aggravated form of Theft.

Actus Reus:
1. The actual stealing (theft).
2. using threatening force immediately before or at the time of theft.

Mens Rea:
1. Mens Rea of theft. (Dishonestly, Intent to perm deprive).
2. intention or recklessness regarding using threatening force immediately
before or at the time of theft in order to steal.

AR: Stealing (Theft)

The first part to the Actus Reus is the acting stealing/theft.

1. Without the actual Theft there can not be Robbery - Case: R v Robinson

2. The moment there is all the elements of theft (with relevant force) there is robbery. - Case:
Corcoran V Anderton

AR: Use or threat of force in

order to steal
What amounts to force or threat of force on a person?

- It is up to the jury to decide what force is - Dawson and James

- Force is where the defendants intention is to put the victim in fear of violence - B and R V DPP.

- Force does not have to be direct force on the victim. - Clouden (D used force on bag to steal it)

- There does not need to be a real threat but intention to cause fear - Bentham (Used fingers behind
jacket to make it look like a gun)

Threat can be on any person. It does not have to be the victim against theft.

When does the force or threat of force have to take place?

- The act of stealing can be a continuing act; the jury can decide when the appropriation is complete.
- Hale (Force was taken place after the taking of the jewellery box however the court decided that
the theft was a continuing act and thus was robbery).

- Using force to escape can still be at the time of theft. - Lockley

 AR: Force must be used in
order to steal.
The force must be in order to steal. If the force is used for any other purpose then does
not become robbery if the defendant later decides to steal.

MR: There must be Mens

Rea of theft and intention
to use force to steal.