Robbery

Question 1

Robbery

Answer 1

S8 Theft Act 1968

Question 2

Robbery level of offence

Answer 2

Indictable

Question 3

Robbery definition

Answer 3

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 or being then and there subjected to force

Question 4

Steals

Answer 4

Must be a theft

All elements of theft must be proven

Question 5

Immediately before or at the time of doing so

Answer 5

If immediately before, there should be an unbroken chain of events between the force used and the theft
If at the time of doing so, force was used at the time of the theft
Appropriation can be a continuing act - up to jury to decide if it was still continuing
If not sure ask ‘was D still on the job?’

Question 6

In order to do so

Answer 6

Force must be used to steal i.e. enable D to commit theft
NOT escape after the theft
Ask ‘was D still on the job?’
E.g.
If D used force/threatened force to get away with the property while still in the house it would be robbery
It would not be robbery if D used force outside of the house as there must come a time when appropriation ends.

Question 7

Force

Answer 7

Can be a mere nudge
Force must be voluntary
Force does not need to be against the owner of the property
Skilled pickpocketer or bag snatcher who steals something from a person but they do not feel it would not be robbery as there isn’t sufficient force

Question 8

Fear

Answer 8

Threat does not need to be towards the person who has the property
BUT
A person cannot fear for the safety of another person, they must fear for their own safety

Question 9

Then and there

Answer 9

The fear has to be for immediate violence

If you aren’t there then you are not in fear of being then and there subjected to force