s. 8 Theft Act 1968 - Robbery Flashcards
(10 cards)
Under s 8 TA 1968, robbery requires which of the following additional elements beyond the full offence of theft?
A. Threatening future force only
B. Use or threat of force immediately before or at the time of stealing
C. Stealing from a dwelling
D. Carrying a weapon at the time of theft
B. Use or threat of force immediately before or at the time of stealing
Explanation: Section 8(1) states that robbery occurs if D 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 … force”
Which case confirms that any application of force—no matter how slight—can satisfy the force element in robbery?
A. R v Robinson
B. R v Dawson & James
C. R v Vinall
D. R v Hale
B. R v Dawson & James
Explanation: In Dawson & James the Court of Appeal held that a simple “nudge” was sufficient force for robbery; violence is not required
During a shop theft, D grabs V’s arm, V drops her phone, and D runs off with it. Which element of robbery is illustrated?
A. Use of force in order to steal
B. Carrying an imitation firearm
C. Subsequent force after completing the theft only
D. Trespass to property
A. Use of force in order to steal
Explanation: Grabbing the arm was force “immediately before or at the time” to facilitate appropriation, satisfying the AR of robbery
D steals a purse, then later on the street pushes aside a bystander to escape. Is the later push part of the robbery?
A. No—only force before theft counts
B. No—force after theft can only support aggravated burglary
C. Yes—it’s a continuous act of appropriation
D. Yes—any force at any time converts theft to robbery
C. Yes—it’s a continuous act of appropriation
Explanation: In R v Hale the appropriation was held to be continuous, so escape-force even after grabbing property can support robbery
D pretends to trip and falls against V, causing V to drop her wallet, which D picks up and runs off. V never felt threatened. Is this robbery?
A. Yes—force need not be intended to facilitate theft
B. Yes—any accidental force suffices
C. No—force must be used “in order to steal”
D. No—V must have feared force
A. Yes—force need not be intended to facilitate theft
Explanation: Robbery AR is satisfied if D “uses force … in order to do so”; the “in order to” mental element relates to theft, not the intent behind the force, so even a feigned stumble can suffice
D whispers a threat to V’s friend across the street, unheard by V, then snatches V’s bag. Is this robbery?
A. No—V must actually hear the threat
B. No—the threat must be to the person stolen from
C. Yes—a threat against any person counts
D. Yes—any unperceived threat suffices
B. No—the threat must be to the person stolen from
Explanation: A threat must be “on any person … in order to steal.” In R v Taylor, a threat directed at a third party who wasn’t the intended victim did not satisfy robbery
What is the maximum penalty for robbery on conviction on indictment?
A. 7 years’ imprisonment
B. 10 years’ imprisonment
C. Life imprisonment
D. 14 years’ imprisonment
C. Life imprisonment
Explanation: Section 8(2) provides that robbery is punishable “on conviction on indictment … by imprisonment for life”
D steals V’s phone without force, then waves a toy gun at the shopkeeper to escape. Has D committed robbery?
A. No—force must coincide with the theft itself
B. No—imitation firearms aren’t covered
C. Yes—any use of force after theft counts under Hale
D. Yes—displaying any weapon converts theft to robbery
A. No—force must coincide with the theft itself
Explanation: Force must be used “immediately before or at the time” of the appropriation; post-theft force to aid escape only qualifies if appropriation is still continuing, which here would require the appropriation and force to overlap
D trips over V’s foot by accident, causing V to drop her wallet, which D picks up and runs off. Is this robbery?
A. Yes – any force before theft suffices
B. No – accidental force cannot satisfy “in order to steal”
C. Yes – appropriation and force need only be contemporaneous
D. No – V must fear the force
B. No – accidental force cannot satisfy “in order to steal”
Explanation: The force must be applied with the purpose of facilitating the theft. Accidental force, even if it causes loss of control over the property, fails the mental element of “in order to steal” under s 8
D points an unloaded toy gun at V’s friend across the street to scare them, then steals V’s bag without anyone seeing the toy gun. Has D committed robbery?
A. Yes – threat to any person suffices regardless of perception
B. No – the person threatened must actually apprehend the threat
C. Yes – use or threat of force on any person counts even if indirect
D. No – robbery requires actual physical force, not threats
B. No – the person threatened must actually apprehend the threat
Explanation: Under s 8, putting a person in fear of force only counts if that person actually fears they will be subjected to force “then and there.” A threat unknown or not perceived by that person fails the AR of robbery
