3.2 Robbery

Question 1

Under which section of the Theft Act 1968 is the offence of robbery defined?

Answer 1

Section 8.

Question 2

What is the maximum sentence for a conviction of robbery?

Answer 2

Life imprisonment.

Question 3

What is the trial venue for the offence of robbery?

Answer 3

Triable on indictment.

Question 4

According to s. 8 of the Theft Act 1968, what core offence must be proven for a robbery to occur?

Answer 4

Theft.

Question 5

If an element of theft under s. 1 of the Theft Act 1968 cannot be proved, what is the status of a robbery charge?

Answer 5

The offence of robbery will not be made out.

Question 6

Why was the defendant’s appeal allowed in R v Robinson [1977] regarding a robbery conviction?

Answer 6

The defendant believed he had a right in law to the money, so there was no dishonesty.

Question 7

In R v Robinson [1977], why did the use of a knife not automatically result in a robbery conviction?

Answer 7

The prosecution still had to prove the underlying theft was dishonest.

Question 8

Under s. 8(1), when must the force be used or threatened in relation to the theft?

Answer 8

Immediately before or at the time of doing so.

Question 9

What guidance does the Theft Act 1968 provide regarding the definition of ‘immediately before’?

Answer 9

There is no guidance as to what it means.

Question 10

What is the legal effect if force is used or threatened only after the offence of theft has completely finished?

Answer 10

No robbery is committed.

Question 11

According to R v Hale (1979), how is appropriation described in terms of its duration?

Answer 11

Appropriation is a continuing act.

Question 12

Who determines whether an appropriation has finished for the purposes of a robbery charge?

Answer 12

The jury.

Question 13

According to R v Hale, does stealing end the moment a defendant picks up property in a house?

Answer 13

No, it can be a continuing act while the defendant is removing it from the premises.

Question 14

Is a robbery committed if D uses force to escape a house while still carrying stolen property?

Answer 14

Yes, as the appropriation is still continuing.

Question 15

What question was suggested in R v Atakpu [1994] to resolve whether an appropriation is still continuing?

Answer 15

Was D still on the job?

Question 16

What requirement must be met regarding the purpose of the force or threat for robbery?

Answer 16

It must be used ‘in order’ to carry out the theft.

Question 17

If a person knocks someone out in a fight and then decides to steal their wallet, why is it not robbery?

Answer 17

The force was used for a purpose other than to steal.

Question 18

What is the key question to ask when determining the context of the force used in a suspected robbery?

Answer 18

Why has the force been used and/or threatened?

Question 19

According to R v Dawson (1977), how much force is required to turn a theft into a robbery?

Answer 19

A small amount of force is sufficient.

Question 20

What did the court in R v Dawson (1977) decide regarding the legal definition of ‘force’?

Answer 20

It declined to define it further, stating juries would understand it readily.

Question 21

In R v Dawson, what specific action was held to be sufficient ‘force’ for robbery?

Answer 21

Nudging the victim to make them unbalanced while stealing a wallet.

Question 22

What requirement of the ‘actus reus’ prevents an accidental collision by a pickpocket from being robbery?

Answer 22

The force must be used voluntarily.

Question 23

Does the force used in a robbery have to be directed specifically at the owner of the property?

Answer 23

No, it can be used on any person.

Question 24

If a gang uses force on a security guard to steal cash from a bank, is the ‘on any person’ element met?

Answer 24

Yes, even though the guard does not own the cash.

Question 25

How can force be applied 'indirectly' to a victim to constitute robbery?

Answer 25

By using force on something the victim is carrying.

Question 26

What was the outcome in R v Clouden [1987] regarding force used on a shopping basket?

Answer 26

The conviction for robbery was upheld as the force was transferred to the person.

Question 27

According to P v DPP [2012], why is snatching a cigarette from between a victim's fingers not robbery?

Answer 27

The minimum force required for the snatching did not amount to force against the person.

Question 28

In P v DPP [2012], what was the deciding factor regarding the lack of robbery in the cigarette snatching?

Answer 28

There was no evidence of direct physical contact between the victim and the thief.

Question 29

When a threat of force is used in robbery, who must the intended victim be put in fear for?

Answer 29

Him/herself.

Question 30

According to R v Taylor [1996], is putting a person in fear for another enough to constitute the threat element of robbery?

Answer 30

No, the intention must be to put that person in fear for him/herself.

Question 31

If a cashier hands over money because they fear for a customer's safety, why is this not robbery?

Answer 31

The cashier does not fear force for him/herself.

Question 32

What offence is committed if a cashier is coerced into handing over money by a threat against a customer's life?

Answer 32

Blackmail (Theft Act 1968, s. 21).

Question 33

At what point does a threat against a customer become robbery if the cashier hands over money?

Answer 33

When the customer sees the threat and fears force for him/herself.

Question 34

Why is robbery committed if a thief cuts a third party to coerce a cashier into handing over money?

Answer 34

Force is actually being used on a person in order to steal.

Question 35

What is the classification of an offence where threats are made to use force in the future?

Answer 35

Blackmail.

Question 36

Why are threats made via telephone generally excluded from being robbery?

Answer 36

They usually involve threats to use force at some time in the future or at another location.

Question 37

The phrase '_____ or at the time of doing so' defines the temporal requirement for force in robbery.

Answer 37

immediately before

Question 38

Term: Robbery

Answer 38

Definition: A theft accompanied by the use or threat of force on any person immediately before or at the time of stealing.

Question 39

Scenario: D steals a phone and, ten minutes later, punches a police officer while running away. Is this robbery?

Answer 39

No, because the force was not used 'immediately before or at the time' of the theft.

Question 40

Does the force used in robbery require physical contact with the victim's body?

Answer 40

No, it may be used indirectly on property the victim is holding.

Question 41

How does the 'use of force' on a third party differ from the 'threat of force' in robbery law?

Answer 41

Actual force on a third party can be robbery, but a threat must put the person being coerced in fear for themselves.

Question 42

The case of _____ established that appropriation is a continuing process for robbery timing.

Answer 42

R v Hale

Question 43

The requirement that force be used '_____' ensures that accidental force does not constitute robbery.

Answer 43

voluntarily

Question 44

If D threatens to punch V in one hour if V does not hand over a watch, what offence is D committing?

Answer 44

Blackmail.