What section of what act defines Robbery?
S8 Of the Theft Act 1968
What is the definition of Robbery?
Using or threatening force before or at the time of stealing.
What is the first element?
There must be a completed theft
What is the case used for the first element?
R v Robinson
What does R v Robinson say?
If any element of theft is missing there cannot be a Robbery.
How do you apply the first element?
No need to do entire theft scenario, just mention element of theft missing.
What is the second element?
Uses or threatens force
What case is used for ‘uses force’?
R v Dawson and James
What does R v Dawson and James say?
Even a small/ slight touch can amount to force; it is a question for the jury to decide.
What does RP and others v DPP say?
Merely taking something will not amount to ‘force’ automatically.
What does R v Clouden say?
Force can be applied to a person indirectly through an object.
What is important about D threatening force?
That they SEEK to put any person in fear.
What does B and R v DPP say?
It is the intention of the perpetrator rather than the fortitude of the victim which determines whether the offence is robbery.
What does S8 also say?
The force must be “then and there”
What is the third element?
On any person
What case is used for the third element?
Smith v Dawson
What does Smith v Dawson say?
D doesn’t have to use or threaten force on the victim of the theft, just any person.
What is the fourth element?
Force must be used/ threatened immediately before or at the time of theft.
What case is used for the fourth element?
R v Hale
What does R v Hale say?
Theft/ appropriation can be a continuing act, in which case, any force used/ threatened during the theft will be ‘at the time of the theft’.
What is the fifth element?
Force must be used in order to steal.
What case is used for the fifth element?
R v Lockley
What does R v Lockley say?
Force in order to escape after stealing is still force used to steal.
What is the sixth element?
D also needs to intend to use force in order to steal.