Go through all the elements of theft first (s1-s6)
S8 TA 1968: "where D steals and immediately before or at the time, uses force or the threat of force."
Robinson - D got into a scuffle with V who owed D's wife money. During scuffle V dropped £5, D picks it up and walks off. Held: D honestly believed he was entitled to the property.
S8(2) provides max sentence for robbery = life. Robbery involving a firearm or imitation of a firearm is included.
R v Dawson & James - Two D's nudged V while another D took V's wallet. C/A: "the amount of force used or threatened may have been small, it is up to the jury to decide whether it was enough to constitute robbery."
DPP v B and R - gang surrounded V and demanded his phone and wallet. Held: the threat of force can be express/implied, there is no need to prove that V felt afraid.
R v Hale - D's entered V's house wearing masks. D(1) put hand over V's mouth while D(2) went upstairs for V's jewellery. Before D's left they tied V up and threatened to harm her child if she phoned the police. C/A: the theft was a continuing act. Everleigh LJ "the act of appropriation... is a continuing act and it is a matter for the jury to decide whether or not the act of appropriation has finished." (AR came first, MR came when D's tied V up)
Lockley - D in supermarket steals something, when making his escape he pushes security guard so he can get out of the door. (confirmed Hale)
Interpretation of the word 'force':
Dawson v James - jostling the V so that they have difficulty keeping their balance was sufficient to amount to force.
Clouden - D's wrenched bag from V knocking her over. C/A: "applying force to the bag was like applying force to the person."
Completion of the offence
Robbery is completed when the appropriation is complete:
Corcoran v Anderton - Two D's tried to take a woman's handbag by force, managed to grab hold of it but then dropped it and ran off. Held: appropriation was complete when D's got hold of the bag.
Gomez has a broad effect on robbery, taking hold of the property with an intention to steal is enough (Corcoran v Anderton)
The MR for robbery is the MR for theft.
- Intention to permanently deprive