Robbery

Robbery is found in S8(1) of the Theft Act 1968

* Robbery is an indictable offence with a maximum sentence of life imprisonment

* Robbery is effectively a theft, with the use of force or threatened force

* 'A person is guilty of robbery if he steals, and immediately before or at the time of stealing he uses force on any person or seeks to put any person in fear of being then and there subjected to force'.

Actus Reus:

1. Theft

2. Using Force

3. Fear of being then and there subjected to force

(Robinson) - All the elements of theft, must be present for there to be a Robbery, if there is no theft there is no robbery

The force or threat of force only has to be small, direct contact is enough for the use of force, shown in the case of (Clouden)

However, if no direct contact is used, the defendant cant be liable for a robbery (P V DPP)

The force must be against another person

* Robbery can also be committed even oif the victim is not frightened by the defendants actions or words (B and R V DPP).

CPS Charging Standards: claimed when no force is used but a weapon is produced or made visible to the victim this is enough, as it implies a threat

* The force an also be on anyone, this means that the person threatened does not have to be the person who got stolen from. 

* The force must be immediately before or at the time of committing the theft

* Hale = Force was used and theft was complete when the defendants picked up the jewerally box.

* Lockley = Defendant was caught shoplifting cans of beer, and the defendant used force on the shopkeeper, therefore a robbery occured.

The use of force must also be in order to steal.

Mens Rea:

The mens rea for robbery is where the defendant was dishonest and had the intention of permanently deprieving the owner from the property, there must also be intend to use force to steal