Robbery as defined in s8 Theft Act 1968 — common mistakes

In any problem question on robbery, your first step must be to establish whether a theft has been committed. Methodically apply the actus reus (appropriation, property, belonging to another) and mens rea (dishonesty, intention to permanently deprive) of theft before analysing the elements of force.

When discussing mens rea, clearly separate the two components. First, confirm the MR for theft is present. Then, explicitly state that the defendant must also have intended to use force to steal, linking the violence to the appropriation.

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.

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.

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.

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.