Robbery as defined in s8 Theft Act 1968 — practice questions

Step 1 — Theft (s1): Marc appropriates the phone (s3), which is property (s4) belonging to another (s5). Assuming he acted dishonestly (Ivey) with intent to permanently deprive (s6), a theft is committed. This is the essential starting point for robbery.

Step 2 — Force 'at the time of' stealing (s8): The initial snatch involved force. Per R v Clouden, wrenching property from a victim's hand is sufficient force. The fact Tom stumbled indicates the force was applied to his person. This force occurred 'at the time of' the appropriation.

Step 3 — Purpose of Force: The initial force of the snatch was clearly 'in order to steal' the phone.

Step 4 — Mens Rea: Marc had the mens rea for theft (assumed) and intended to use the force of the snatch to take the phone.

Step 5 — The later punch: The punch during the escape could also be considered force 'at the time of' stealing under the 'continuing act' doctrine (R v Hale, R v Lockley). The theft is ongoing until the escape is complete. However, the prosecution's case is already established by the initial snatch.

Conclusion: Marc is guilty of robbery. The initial snatch satisfies all elements of s8: a completed theft, with force used on a person at the time of and in order to steal. The later punch could be part of the robbery or a separate assault, but the robbery is complete without it.

This example demonstrates how the severity of a robbery is assessed in practice. The calculation uses the official Sentencing Council Guidelines for England and Wales.

Step 1: Determine Offence Category (Culpability & Harm)

• Culpability: The use of a weapon (a knife) to threaten a victim places the offence in Culpability A (High Culpability).
• Harm: While the financial loss (£300) is low, the offence was committed against a vulnerable person (a shopkeeper in their shop) and involved a serious threat of violence. This moves the harm level up. We will place it in Category 2 harm.
• Combined Category: Culpability A and Harm 2 place the offence in Sentencing Category 2A for commercial robbery.

Step 2: Identify Starting Point and Range

• The guidelines for a Category 2A commercial robbery state:
  • Starting Point: 5 years' custody
  • Category Range: 4 – 8 years' custody

Step 3: Adjust for Aggravating and Mitigating Factors

• Aggravating Factor: Ben has a previous conviction for a related offence (theft). This will increase the sentence from the starting point. Let's estimate this adds +1 year.
• Mitigating Factor: Ben expressed remorse. This is a valid mitigating factor and will reduce the sentence. Let's estimate this subtracts -6 months.

Step 4: Calculate the Final Sentence

• Formula: Starting Point + Aggravating Factors - Mitigating Factors
• Calculation: 5 years + 1 year - 6 months
• Result: 6 years - 6 months = 5 years and 6 months' custody

Conclusion: Based on the Sentencing Guidelines, a likely sentence for Ben's crime would be 5 years and 6 months' imprisonment. This is within the 4-8 year range for the offence category.