Robbery - Core principles of criminal liability)

Question 1

What statutory provision defines the offence of robbery in England and Wales?

Answer 1

Section 8 of the Theft Act 1968.

Question 2

What are the five key elements required to establish robbery under Section 8 of the Theft Act?

Answer 2

1) Theft
(2) use or threat of force
(3) force used on any person
(4) force used immediately before or at the time of the theft
(5) force used in order to commit the theft.

Question 3

Can someone be guilty of robbery without using physical violence?

Answer 3

Yes, if they cause the victim to fear they will be subjected to immediate force in order to steal.

Question 4

Does the use or threat of force need to be directed at the owner or possessor of the property to constitute robbery?

Answer 4

No, the threat or use of force can be against any person, not necessarily the one holding the property.

Question 5

What timing condition must be met for the force to qualify for robbery?

Answer 5

The force or threat must occur immediately before or at the time of the theft, and in order to commit it.

Question 6

Is it necessary for the force in robbery to succeed in overcoming resistance?

Answer 6

No, the mere act of using or threatening force to instill fear in order to steal is sufficient, regardless of actual physical resistance.

Question 7

What is the difference between theft and robbery?

Answer 7

Robbery is an aggravated form of theft that involves the use or threat of force immediately before or during the theft.

Question 8

Can robbery occur if the threat of violence is conditional or future-based?

Answer 8

No, the threat must relate to immediate violence—threats of future harm do not satisfy the offence.

Question 9

What is the maximum sentence for someone convicted of robbery?

Answer 9

Life imprisonment.

Question 10

What is the trial mode for robbery under English law?

Answer 10

Robbery is an indictable-only offence and must be tried in the Crown Court.