9084 · 2.2.2
Robbery as defined in s8 Theft Act 1968 — FAQ
Frequently asked questions for 9084 Robbery as defined in s8 Theft Act 1968. Direct answers first, then deeper explanation — then practise with marking.
If someone snatches a handbag from a person's shoulder, is it always robbery?
Not necessarily. It depends on the level of force used on the person. If the bag is snatched with enough force to overcome the victim's resistance or cause them to stumble, it is likely robbery, as in R v Clouden (1987). However, if it is snatched without any real force being applied to the person (e.g., it slips off easily), it may just be theft, following the principle in P v DPP (2012). The jury decides if the force was sufficient.
What if the force is used on someone other than the owner of the property?
It is still robbery. Section 8 states force can be used 'on any person'. For example, if a thief threatens a security guard with a weapon to make them stand aside while the thief steals items from a shop, the thief is using force on the guard to steal property belonging to the shop owner. This satisfies the definition of robbery.
Does the defendant have to complete the theft for it to be robbery?
Yes, this is a critical point. The definition in s8 begins 'if he steals...'. This means all the elements of theft, both actus reus and mens rea, must be proven. If any element of theft is missing (e.g., the defendant was not dishonest, or did not intend to permanently deprive), then there can be no robbery, even if significant force was used. The defendant might be guilty of a separate offence like assault, but not robbery.
What is the difference between robbery and burglary?
Robbery (s8) is theft involving force or threat of force against a person. It can happen anywhere. Burglary (s9) involves entering a building as a trespasser with the intent to steal, inflict GBH, or do unlawful damage. Force against a person is not a required element for burglary, although it can be an aggravating factor.