Robbery — Main Cases And Chains

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Definition Of Robbery

Under s8 Theft Act 1968:

• Robbery Occurs Where A Person
• Steals
AND
• Immediately Before Or At Time Of Stealing
• Uses Force On Any Person
OR
• Puts Person In Fear Of Force
• In Order To Steal

Core Structure Of Robbery

Universal Robbery Chain

• Defendant Commits Theft
• Force Used Or Threatened
• Force Used Immediately Before Or During Theft
• Force Used In Order To Steal
• Robbery Established

Theft Requirement Chains

Theft As Foundation Of Robbery

Chain

• Robbery Cannot Exist Without Theft
• All Theft Elements Must Be Present
• Appropriation Required
• Property Must Belong To Another
• Dishonesty Required
• Intention To Permanently Deprive Required

Main Case — Robinson

Principle

• Defendant Cannot Commit Robbery Without Theft
• Genuine Belief In Legal Right Prevented Theft

Theft Foundation High-Level Chain

• Defendant Appropriates Property
• Property Belongs To Another
• Conduct Is Dishonest
• Intention To Permanently Deprive Exists
• Theft Established
• Robbery May Arise

Force Chains

Definition Of Force

Chain

• Force Not Statutorily Defined
• Even Minimal Force May Suffice
• Jury Decides Whether Force Exists
• Physical Contact Usually Sufficient
• Force Need Not Be Severe

Main Case — R v Dawson And James

Principle

• Minor Push Sufficient For Force

Main Case — Clouden

Principle

• Snatching Shopping Basket Constituted Force

Main Case — P v DPP

Principle

• Minimal Physical Struggle Sufficient

Force High-Level Chain

• Defendant Applies Physical Force
OR
• Threatens Force
• Minimal Force May Suffice
• Jury Determines Sufficiency
• Force Element Established

Fear Of Force Chains

Fear Requirement

Chain

• Victim Need Not Experience Actual Fear
• Defendant Must Intend Threat Of Force
• Threat May Be Express Or Implied
• Fear Of Immediate Force Sufficient

Main Case — B And R v DPP

Principle

• Victim Need Not Be Frightened If Threat Exists

Fear High-Level Chain

• Defendant Threatens Force
• Threat May Be Implied
• Immediate Force Threatened
• Fear Element Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Timing Requirement Chains

Timing Requirement

Under s8 Theft Act 1968:

• Force Must Be Used
• Immediately Before
OR
• At Time Of Theft

Timing Chain

• Theft Viewed As Continuing Act
• Force Must Connect Closely To Theft
• Courts Interpret Timing Broadly
• Continuing Appropriation Important

Main Case — Hale

Principle

• Theft Considered Continuing Act
• Force Used During Escape Satisfied Timing Requirement

Main Case — Lockley

Principle

• Force Used To Escape After Theft Still Constituted Robbery

Timing High-Level Chain

• Theft Begins
• Appropriation Continues
• Force Used During Continuing Theft
• Timing Requirement Satisfied

“In Order To Steal” Chains

Purpose Requirement

Chain

• Force Must Be Connected To Theft
• Force Used For Different Purpose Insufficient
• Force Must Facilitate Stealing
• Clear Link Between Force And Theft Required

Main Case — Robinson

Principle

• Force Used To Recover Genuine Debt Did Not Constitute Robbery

Main Case — Hale

Principle

• Force Used To Complete Escape Connected To Theft

Purpose High-Level Chain

• Defendant Uses Force
• Force Assists Theft
• Clear Connection Exists
• Purpose Requirement Established

Continuing Act Chains

Continuing Appropriation Principle

Chain

• Theft May Continue Beyond Initial Taking
• Escape Phase May Still Form Part Of Theft
• Force During Escape May Create Robbery
• Courts Use Broad Interpretation

Main Case — Hale

Principle

• Appropriation Treated As Continuing Act

Main Case — Lockley

Principle

• Assault During Escape Created Robbery Liability

Continuing Act High-Level Chain

• Defendant Begins Theft
• Appropriation Continues
• Force Used During Escape
• Robbery Established

Property Chains

Property Requirement

Chain

• Property Must Exist Under Theft Act
• Tangible And Intangible Property May Qualify
• Property Must Be Capable Of Being Stolen

Main Case — Oxford v Moss

Principle

• Confidential Information Not Property Under Theft Act

Main Case — Kelly And Lindsay

Principle

• Body Parts May Become Property

Property High-Level Chain

• Property Exists
• Falls Within Theft Act Definition
• Property Capable Of Being Stolen
• Property Element Established

Dishonesty Chains

Dishonesty Requirement

Chain

• Defendant Must Act Dishonestly
• Jury Applies Ordinary Honest Standards
• Defendant’s Knowledge Considered
• Dishonesty Creates Mens Rea

Main Case — Barton And Booth

Principle

• Ordinary Honest Person Test Applied

Main Case — Holden

Principle

• Genuine Belief In Permission Prevented Dishonesty

Dishonesty High-Level Chain

• Defendant Knows Circumstances
• Honest Standards Applied
• Conduct Considered Dishonest
• Theft Mens Rea Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Intention To Permanently Deprive Chains

IPD Requirement

Chain

• Defendant Intends Permanent Loss
• Treats Property As Own
• Temporary Borrowing Usually Insufficient
• Permanent Deprivation Required

Main Case — Velumyl

Principle

• Returning Different Property Still Amounted To IPD

Main Case — Lloyd

Principle

• Temporary Borrowing Usually Insufficient

IPD High-Level Chain

• Defendant Treats Property As Own
• Permanent Return Not Intended
• IPD Established

Mens Rea Of Robbery

Mens Rea Structure

Robbery Requires Mens Rea For:

• Theft
AND
• Force

Robbery Mens Rea Chain

• Defendant Intends Theft
• Defendant Intentionally/Recklessly Uses Force
• Force Connected To Theft
• Mens Rea Established

Main Case — Venna

Principle

• Recklessness Sufficient For Assault/Battery

Assault-Based Robbery Chains

Threat-Based Robbery

Chain

• Defendant Threatens Immediate Violence
• Victim Fears Harm
• Threat Used To Facilitate Theft
• Robbery Established

Main Case — B And R v DPP

Principle

• Actual Fear Not Essential

Minimal Force Chains

Minimal Force Principle

Chain

• Force Need Not Be Severe
• Slight Physical Contact May Suffice
• Jury Determines Sufficiency
• Very Low Threshold Applied

Main Cases

Universal Robbery Exam Chain

• Defendant Appropriates Property
• Property Belongs To Another
• Conduct Dishonest
• Intention To Permanently Deprive Exists
• Force Used/Threatened
• Force Connected To Theft
• Timing Requirement Satisfied
• Robbery Established

High-Level Robbery Chains

Force Universal Chain

• Defendant Applies Force
OR
• Threatens Force
• Force Need Not Be Severe
• Jury Determines Sufficiency
• Force Established

Timing Universal Chain

• Theft Treated As Continuing Act
• Force Used During Continuing Theft
• Escape Phase Included
• Timing Requirement Satisfied

Purpose Universal Chain

• Force Used To Facilitate Theft
• Clear Link Between Force And Theft
• Force Used “In Order To Steal”
• Purpose Requirement Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Most Important Robbery Cases To Memorise

Most Important Exam Chains

Universal Robbery Chain

• Theft Occurs
• Force Used/Threatened
• Force Used Immediately Before Or During Theft
• Force Used In Order To Steal
• Robbery Established

Continuing Act Chain

• Theft Begins
• Appropriation Continues
• Force Used During Escape
• Timing Requirement Satisfied
• Robbery Established

Minimal Force Chain

• Defendant Applies Slight Physical Contact
• Contact Assists Theft
• Jury Determines Sufficiency
• Force Requirement Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.