Robbery — Main Cases And Statutes

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.

Main Statute For Robbery

Section 8 Theft Act 1968 — Definition Of Robbery

Rule

• A Person Commits Robbery Where They
• Steal
AND
• Immediately Before Or At Time Of Stealing
• Use Force On Any Person
OR
• Put Person In Fear Of Force
• In Order To Steal

Key Importance

• Theft Must Exist First
• Force/Fear Converts Theft Into Robbery
• Timing And Purpose Of Force Important

Robbery Universal Chain

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

Theft As Foundation Of Robbery

Section 1 Theft Act 1968 — Theft

Rule

• Dishonest Appropriation Of Property
• Belonging To Another
• With Intention To Permanently Deprive

Key Importance

• Robbery Cannot Exist Without Theft
• All Theft Elements Must Be Proven

Main Cases For Theft In Robbery

Robinson Chain

• Defendant Used Force To Recover Debt
• Genuine Belief In Legal Right Existed
• Theft Not Established
• Robbery Failed

Gomez Chain

• Property Obtained Through Consent
• Consent Induced By Fraud
• Consent Did Not Prevent Appropriation
• Theft Possible

Force Under Robbery

Section 8 Theft Act 1968 — Force Requirement

Rule

• Defendant Must Use Force
OR
• Put Victim In Fear Of Force

Key Importance

• Force Need Not Be Severe
• Minimal Physical Contact May Suffice
• Jury Determines Whether Force Exists

Main Cases For Force

Dawson And James Chain

• Defendant Pushed Victim Slightly
• Minimal Physical Contact Applied
• Force Requirement Satisfied
• Robbery Possible

Clouden Chain

• Defendant Pulled Basket From Victim
• Physical Force Used Against Person
• Snatching Constituted Force
• Robbery Established

P v DPP Chain

• Minor Physical Resistance Occurred
• Slight Contact Sufficient
• 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.

Fear Of Force

Section 8 Theft Act 1968 — Fear Requirement

Rule

• Victim Put In Fear Of Immediate Force

Key Importance

• Actual Fear Not Necessary
• Threat May Be Implied
• Immediate Violence Important

Main Cases For Fear Of Force

B And R v DPP Chain

• Defendant Threatened Victim
• Threat Of Force Present
• Actual Fear Not Essential
• Fear Requirement Satisfied

Timing Requirement

Section 8 Theft Act 1968 — Timing

Rule

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

Key Importance

• Theft May Be Continuing Act
• Force During Escape May Suffice

Main Cases For Timing

Hale Chain

• Defendant Stole Property
• Force Used During Escape
• Theft Continued Beyond Initial Taking
• Timing Requirement Satisfied
• Robbery Established

Lockley Chain

• Defendant Used Violence While Escaping
• Theft Treated As Ongoing
• Force Connected To Theft
• Robbery Liability Established

“In Order To Steal”

Section 8 Theft Act 1968 — Purpose Requirement

Rule

• Force Must Be Used To Facilitate Theft

Key Importance

• Separate Violence Insufficient
• Clear Link Between Force And Theft Required

Main Cases

Robinson Chain

• Defendant Used Force To Recover Debt
• Force Not Used Dishonestly
• Theft Missing
• Robbery Failed

Hale Chain

• Force Used To Complete Theft/Escape
• Clear Link Between Force And Theft
• Purpose Requirement Satisfied

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.

Section 3 Theft Act 1968 — Appropriation

Rule

• Any Assumption Of Rights Of Owner Constitutes Appropriation

Main Cases

Morris Chain

• Defendant Switched Price Labels
• Assumed Rights Of Owner
• One Right Sufficient
• Appropriation Established

Section 4 Theft Act 1968 — Property

Rule

Property Includes:

• Money
• Personal Property
• Real Property
• Things In Action
• Intangible Property

Main Cases

Section 5 Theft Act 1968 — Belonging To Another

Rule

• Property Belongs To Person With Possession, Control Or Proprietary Interest

Main Cases

Section 2 Theft Act 1968 — Dishonesty

Rule

Dishonesty Not Established Where Defendant Believes:

• Legal Right Exists
• Owner Would Consent
• Owner Cannot Be Found

Main Cases

Barton And Booth Chain

• Court Examined Defendant Knowledge
• Jury Applied Honest Standards
• Objective Dishonesty Test Used

Section 6 Theft Act 1968 — IPD

Rule

• Defendant Intends To Treat Property As Own Regardless Of Owner Rights

Main Cases

Velumyl Chain

• Defendant Took Money
• Intended To Replace With Different Notes
• Property Treated As Own
• IPD Established

Lloyd Chain

• Temporary Borrowing Occurred
• Property Returned Intact
• Goodness/Virtue Not Lost
• No IPD

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.

Assault/Battery Cases Relevant To Robbery

Venna Chain

• Defendant Applied Force Recklessly
• Recklessness Sufficient For Assault/Battery
• Robbery Force Element Supported

Most Important Robbery Statutes To Memorise

Most Important Robbery Cases To Memorise

Most Important Universal Chains

Robbery Universal Chain

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

Force Universal Chain

• Defendant Applies Physical Force
OR
• Threatens Force
• Minimal Force May Suffice
• Force Requirement Established

Timing Universal Chain

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

Dishonesty Universal Chain

• Defendant Knows Circumstances
• Honest Standards Applied
• Conduct 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.