Criminal - Robbery

Front 1

Robbery s.8 (1) Theft Act

Back 1

1) That the defendant stole (theft committed), and,
2) Either that the defendant –
a. Used force on any person, or
b. Put or sought to put any person in fear of being immediately subjected to force, and,
3) The force or threat of force was immediately before or at the time of the theft, and,
4) The force or threat of force was used in order to steal.

Front 2

R v Dawson (1976)

Back 2

Court held that ‘force’ is a word in ordinary use which is understood by jurors, a matter for the jury to decide whether force has been used or threatened.

Hint 2

Two defendants jostled their victim in order to steal his wallet; they argued that force was not used. Held, force was a matter for the jury to decide, they decided the jostling was force.

Front 3

R v Clouden (1987)

Back 3

There was no distinction between applying force to a person or their property.

Hint 3

Defendants robbed victim, used force to wrench a shopping basket out of her hands. Held, issue should be left to jury to decide whether force had been used, they decided that force had been used.

Front 4

Timing of force?

Back 4

The use or threat of force must be broadly simultaneous with the theft in order to establish a charge of robbery (s.8 (1)).

It is necessary to determine when the theft is complete as any force used or threatened after the theft will not give rise to robbery, it will merely be a theft followed by an assault.

Front 5

R v Hale (1978)

Back 5

Issue of whether the appropriation was still continuing at the time the force was used was to be decided by the jury.

Hint 5

Defs broke into a woman's home. One went upstairs and took some jewellery from her bedroom. After taking the jewellery the two of them tied her up. Convicted of robbery, appealed on grounds that the force came after they had appropriated the jewellery.
Held, convictions upheld. Appropriation of the jewellery was a continuing act.

Front 6

Mens Rea of Robbery

Back 6

• The force must not be an incidental factor; it must be used in order to steal.
• Mens Rea of theft must be established, defendant must be shown to have been dishonest and to intend to permanently deprive the owner of property.
• Defendant must at least be reckless in their use of force, usual mens rea for assault or battery.