ROBBERY

Section 8 Theft Act 1968

Definition

• “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.”

Actus reus

• The D. must steal. Robbery is an aggravated form of theft, so this offence must be proved first. R v Robinson (1977) C of A, Corcoran v Anderton (1980) C of A. Note that D does not have to get away with the property.

• Force (or the threat of it) is an essential element. Do not confuse it with violence in assaults. Force is given its ordinary everyday meaning and is for the jury. R v Dawson & James (1976) C of A

• The force must be used or threatened on any person, whether the victim of the robbery or not. This has been interpreted to include what the victim is carrying. R v Clouden (1987) C of A

• Seeking to put V in fear of force is sufficient as long as the threat is not too far in the future; i.e. it must be then and there. R v DPP (2007)

• The force must be immediately before or at the time of stealing. Again the courts have been generous in their interpretation of this phrase and appropriation as a continuing act is a matter of fact for the jury. R v Hale (1978) C of A R v Lockley (1995) C of A

• The force must be used in order to steal.

Mens rea

– Because theft is an essential element of the offence, the full mens rea of theft must be proved.

– Additionally, there must be intention to use force, recklessness is not enough.