9084 · 2.2.2
Robbery as defined in s8 Theft Act 1968 flashcards
Revision flashcards for Cambridge 9084 Robbery as defined in s8 Theft Act 1968 (syllabus 2.2.2). Flip, recall, then mark a real past-paper question.
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What is the statutory definition of robbery?
Under s8(1) Theft Act 1968: 'A person is guilty of robbery if he 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 being then and there subjected to force.'
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Must a theft be completed for a robbery to occur?
Yes. All actus reus and mens rea elements of theft under s1 Theft Act 1968 must be proven. Without a completed theft, there can be no robbery.
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How much force is required for a robbery? Cite a relevant case.
The amount of force is a question of fact for the jury and can be minimal. In R v Dawson and James (1976), jostling a victim to steal their wallet was held to be sufficient force.
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What principle did R v Clouden (1987) establish regarding force?
Force includes wrenching a shopping bag from the owner's grasp. This confirmed that force applied to property can be construed as force on the person if it is resisted or directly affects them.
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What is the 'continuing act' principle from R v Hale (1979)?
Theft is considered a continuing act. This means force used during an escape after the initial appropriation (e.g., tying up a victim) can still be 'at the time of' the theft, thus satisfying the timing element for robbery.
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What is the complete mens rea for robbery?
The mens rea for robbery is the mens rea for theft (dishonesty and an intention to permanently deprive) PLUS the intention to use force or threaten force in order to steal.
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What does 'seeks to put any person in fear' mean in the context of s8?
It means the defendant intends to make the victim fear immediate force. The victim does not actually have to be afraid; the focus is on the defendant's intention to cause that fear. The threat must be of force 'then and there'.
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Why was snatching a cigarette in P v DPP (2012) not robbery?
Because no force was applied to the person. The cigarette was taken from between the victim's fingers without touching them. This was deemed to be just theft, as the level of force was insufficient for robbery.
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What does 'in order to steal' mean for robbery?
The force must be used for the purpose of committing the theft. If force is used for another reason and the theft is an afterthought, it constitutes separate offences of assault and theft, not robbery.
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What is the maximum sentence for robbery?
Life imprisonment. This reflects its seriousness as an indictable-only offence, tried in the Crown Court.
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Can force be applied to someone other than the owner of the stolen property?
Yes. Section 8 specifies force can be used 'on any person'. For example, threatening a security guard to steal from a shop is robbery.
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What case confirmed that force used to escape can be considered 'at the time of' stealing?
R v Lockley (1995), where a shoplifter used force on a shopkeeper who tried to stop him from escaping. This followed the 'continuing act' principle from R v Hale.