Robbery

Robbery is defined in Section8 of the Theft act which states that:

A person is only guilty of robbery if he steals and immediately before or at the time of doing so he uses force on anyone or seeks to put them in fear of being which is then there subjected to force.

The maximum sentence for robbery by Section8 is life imprisonment.

For robbery to take place there must be theft which is using force, putting or seeking to put someone in fear plus force this then equals robbery Section8.

Robbery is a more aggravated form of theft as it is only robbery when they use force. Robbery can be as simple as wrestling a bag out of the arms of a shopper.

The Actus Reus of theft

The key elements of theft are:

·         Must be completed theft

·         Force or threat offence

·         Force must be immediate before or after the time of theft

·         Force must be used in order to steal.

Force must:

·         Put the victim in fear

·         D seeks to put v in fear

·         Be directed at a person through any person is enough

·         Be immediately before or after the theft.

R V Dawson and James (1978)

 Two defendants approached the v and two of them nudged him from side to side whilst the 3^rd took his wallet from his pocket. The court of appeal affirmed their conviction for the robbery. The amount of force which is used for threat may have been small however it is up to the jury to decide. They were found guilty of robbery.

R v hale (1979)

2 defendants knocked on the door of a house when a woman opened the front door they forced their way in as one of the d put his hand over her mouth to stop her from screaming whilst the other went up the stairs to see what he could take. They stole the jewellery box and tied the v up and left the house.

They were both found guilty of robbery as violence may come at the end of the theft.

R v Lockley (1995)

D caught shoplifting cans of beer and used force on the shop keeper who tried to stop him from escaping. He appealed on the basis that the theft was completed when he used the force. The court of appeal followed the decision R V Hale. He was found guilty of robbery.

R V Couden (1987)

The court of appeal held that Clouden was guilty of robbery when he had been wrenched of shopping basket from the victims  hand. The court of appeal held that the trial judge was right to leave the question of whether or not the d had used force on a person to the jury.

The Mens Rea of robbery

D must have the men’s Rea for theft. They must also intend to use force to steal.

R V Raphael (2008)

The defendants where convicted of a conspiracy to rob v by force, taking his car and then offering £500 to get him to buy it back.

The judge suggested that it was hard to find it a better example of such and intention than the facts of the case. The defendants were found guilty of robbery.

R v Robinson (1977)

Principle all elements that are required for Section1 (1) theft are necessary to prove robbery. So where he honestly believed he was entitled to property, the d was held not to not to be a robbery.