What is robbery?
Robbery is a statutory offence under section 8 of the Theft Act 1968. It carries a maximum sentence of life imprisonment.
What are the elements of Actus Reus for robbery?
The elements are theft and the use (or fear of the use) of force.
What are the elements of Mens Rea for robbery?
The Mens Rea includes the MR for theft and intent to use force in order to steal.
What is the relationship in time for robbery?
Force is used or threatened immediately before or at the time of stealing.
What is the relationship in purpose for robbery?
Force is used or threatened in order to steal.
What is the AR of robbery?
The AR of robbery is theft with the use (or fear of the use) of force.
What must be present for theft in robbery?
All the elements of theft must be present.
What was the outcome of Robinson (1977)?
D was not guilty of theft as he held an honest belief that he had a right in law to take the property.
What was the outcome of Corcoran (1980)?
The theft was complete, so Ds were guilty of robbery.
What is the minimum amount of force required for robbery?
Only a minimal amount of force is required, provided it is on the person.
What was established in Dawson & James (1976)?
‘Nudging’ in order to steal amounted to force.
What was the outcome of Clouden (1987)?
Using force on the bag was effectively using force on the victim.
What was the outcome of P v DPP (2012)?
It could not be said force was used ‘on a person’ when D snatched a cigarette without touching V.
What is sufficient for robbery regarding fear?
The threat of force is sufficient, even if V is not actually frightened by D’s actions.
In B and R v DPP (2007), V was surrounded by 5 other schoolboys who took his phone and money. V said that he had not felt threatened. The ratio was that Ds had sought to put V in fear of force, and there was no need to show that V felt threatened.
Who can be threatened in a robbery?
The person threatened need not be the person stolen from, e.g. in a hostage situation.
What is the time frame for force in relation to theft?
There is no decided case on what sort of time period is covered by ‘immediately before’, but the courts have taken a realistic approach to ‘at the time of’.
In Hale (1979), Ds forced their way into V’s house. D1 put his hand over V’s mouth to stop her screaming while D2 went upstairs and seized a jewellery box. The ratio was that there was force immediately before the theft when D1 put his hand over V’s mouth, and tying up V was using force at the time of the theft.
What was the ruling in Lockley (1995)?
The Court confirmed the ruling in Hale that the theft was still ongoing at the time force was used.
What is the mens rea for robbery?
D must have the mens rea for theft, i.e. dishonesty and intention to permanently deprive the other of the property, and D must have intent to use force to steal.
What must the force be used for in robbery?
The force must be used in order to steal; if the force was not used for this purpose, any later theft will not constitute robbery.
In Vinnall (2011), Ds punched V who fell off his bike. D1 told him: ‘Don’t try anything, I’ve got a knife’. V ran away, chased by Ds. The ratio was that force was not used in order to steal, resulting in two separate offences: an assault and theft.
