Robbery

Question 1

How is robbery defined under s.8 Theft Act 1968?

Answer 1

A person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being then and there subjected to force.

Question 2

What must be proved first for robbery?

Answer 2

A completed theft under the Theft Act 1968.

Question 3

Which sections of the Theft Act make up theft?

Answer 3

s.2 Dishonesty
s.3 Appropriation
s.4 Property
s.5 Belonging to another
s.6 Intention to permanently deprive.

Question 4

Which case shows that if theft is not made out there can be no robbery?

Answer 4

R v Robinson – attempted to recoup debt; missing theft element so no robbery.

Question 5

What are the two ways force can be satisfied in robbery?

Answer 5

D either:
(a) Uses force, OR
(b) Puts or seeks to put a person in fear of force.

Question 6

Which case shows even slight force may be enough?

Answer 6

R v Dawson & James – slight nudge sufficient; jury decides.

Question 7

Which case shows taking from someone’s grip is not automatically force?

Answer 7

R v P v DPP – taking cigarette from hand not necessarily force.

Question 8

Which case shows force can be indirect?

Answer 8

R v Clouden – snatching basket; force applied through property.

Question 9

What is required for putting someone in fear of force?

Answer 9

D must intend to put V in fear of immediate force (e.g. knife to throat demanding money).

Question 10

Which case shows V does not have to actually feel threatened?

Answer 10

B and R v DPP – intention to cause fear sufficient even if V not frightened.

Question 11

What does s.8 specify about timing of force?

Answer 11

Force must be threatened ‘then and there’ – immediately before or at the time of theft.

Question 12

Can force be used on someone other than the victim?

Answer 12

Yes – force can be used on any person.

Question 13

Which case confirms force need not be against the victim?

Answer 13

Smith v Desmond – force need not be directed at owner only.

Question 14

When must force be used for robbery?

Answer 14

Immediately before or at the time of the theft.

Question 15

Which case shows theft can be a continuing act?

Answer 15

R v Hale – tying up victim; continuing appropriation.

Question 16

What is required regarding the purpose of force?

Answer 16

Force must be used in order to steal.

Question 17

Which case shows force used to escape is sufficient?

Answer 17

R v Lockley – hit security while escaping; sufficient for robbery.

Question 18

When will force NOT count for robbery?

Answer 18

If force is used after the theft is complete and not in order to steal (e.g. assault then later decide to steal).

Question 19

What is the mens rea for robbery?

Answer 19

Mens rea for theft plus intention to use force to steal.