Robbery (S.8 Theft Act)
Defined in s.8 Theft Act as:
"Stealing, and immediately before or at the time of doing so, and in order to do so, using force on any person or puts or seeks to put any person in fear of being there and then subjected to force"
= theft with the use of force or threat of force.
MUST BE A COMPLETED THEFT BEFORE ROBBERY OCCURS
Actus Reus - Force (used to committ theft).
Mens Rea - mens rea for theft & intention to use force to steal.
What amounts to force?
It is left to the jury to decide if the action of D amounted to force. It does not have to be much force...
Dawson and James - a push can amount to force
Clouden - force has to be used against the person not the property being stolen
Force HAS to be in order to steal.
Putting a person in fear of force
'Seeks to put a person in fear of force' (using threats)
-Using threatening gestures and words in order to threat someone.
B AND R V DPP - V does not have to be frightened for it to amount to a threat. Even if V cannot see/hear the threats, it is still a robbery.
Hale - if force is used after theft, there is no robbery. Must be immediately before or at the time of the theft.