Main Terms and Definitions Robbery
Robbery — Main Terms And Definitions
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.
Robbery
Definition
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 Any Person In Fear Of Force
• In Order To Steal
Key Points
• Theft Must Exist First
• Force May Be Minimal
• Threats May Be Implied
• Force Must Be Connected To Theft
Main Cases
| Case | Principle |
|---|---|
| Hale | Theft Is Continuing Act |
| Dawson And James | Minimal Force Sufficient |
| Clouden | Snatching Property May Be Force |
Theft
Definition
Under s1 Theft Act 1968:
• Dishonest Appropriation Of Property
• Belonging To Another
• With Intention To Permanently Deprive
Key Points
• Theft Forms Foundation Of Robbery
• Without Theft, No Robbery Exists
Main Cases
| Case | Principle |
|---|---|
| Robinson | No Theft = No Robbery |
| Gomez | Consent Does Not Prevent Appropriation |
| Hinks | Valid Gifts May Still Be Theft |
Force
Definition
• Physical Power Or Pressure Applied To Victim
Key Points
• Force Not Defined In Statute
• Very Slight Force May Suffice
• Jury Decides Whether Force Exists
• Physical Injury Not Necessary
Main Cases
| Case | Principle |
|---|---|
| Dawson And James | Minor Push Sufficient |
| Clouden | Pulling Basket Was Force |
| P v DPP | Minimal Struggle Sufficient |
Fear Of Force
Definition
• Threat Of Immediate Physical Force
Key Points
• Victim Need Not Actually Feel Fear
• Threat May Be Verbal Or Implied
• Immediate Violence Important
Main Cases
| Case | Principle |
|---|---|
| B And R v DPP | Actual Fear Not Necessary |
| Thorne v Motor Trade Association | Threats May Be Non-Violent |
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.
Immediately Before Or At Time Of Stealing
Definition
• Force Must Be Used Close To Theft Timing
Key Points
• Theft Treated As Continuing Act
• Escape Phase May Still Count
• Courts Interpret Timing Broadly
Main Cases
| Case | Principle |
|---|---|
| Hale | Force During Escape Counted |
| Lockley | Assault During Escape Created Robbery |
Continuing Act
Definition
• Theft Continues Beyond Initial Taking
Key Points
• Appropriation May Continue During Escape
• Force Used Later May Still Create Robbery
Main Cases
| Case | Principle |
|---|---|
| Hale | Theft Continued During Escape |
| Lockley | Continuing Theft Principle Applied |
In Order To Steal
Definition
• Force Must Be Used To Facilitate Theft
Key Points
• Force Must Connect To Theft
• Separate Violence Insufficient
• Purpose Of Force Important
Main Cases
| Case | Principle |
|---|---|
| Robinson | Force Used To Recover Debt Not Robbery |
| Hale | Force Assisted Completion Of Theft |
Appropriation
Definition
Under s3 Theft Act 1968:
• Assumption Of Rights Of Owner
Key Points
• Any One Owner Right Sufficient
• Consent Does Not Prevent Appropriation
Main Cases
| Case | Principle |
|---|---|
| Morris | Any Owner Right Sufficient |
| Gomez | Consent Does Not Prevent Appropriation |
Property
Definition
Under s4 Theft Act 1968:
Property Includes:
• Money
• Personal Property
• Real Property
• Intangible Property
Key Points
• Property Must Exist For Robbery
• Tangible And Intangible Property Included
Main Cases
| Case | Principle |
|---|---|
| Oxford v Moss | Confidential Information Not Property |
| Kelly And Lindsay | Body Parts May Become Property |
Belonging To Another
Definition
Under s5 Theft Act 1968:
• Property Belongs To Person Having
• Possession
• Control
OR
• Proprietary Interest
Key Points
• Ownership Not Necessary
• Temporary Possession Sufficient
Main Cases
| Case | Principle |
|---|---|
| Turner | Can Steal Own Property |
| Woodman | Possession/Control Sufficient |
Dishonesty
Definition
• Conduct Contrary To Ordinary Honest Standards
Modern Test
Under Barton And Booth:
• Jury Applies Ordinary Honest Person Standards
• Defendant’s Knowledge/Beliefs Considered
Key Points
• Dishonesty Required For Theft
• Genuine Belief May Prevent Liability
Main Cases
| Case | Principle |
|---|---|
| Barton And Booth | Modern Objective Test |
| Holden | Genuine Belief Prevented Dishonesty |
| Small | Belief Property Abandoned Prevented Theft |
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 (IPD)
Definition
Under s6 Theft Act 1968:
• Defendant Intends To Treat Property As Own
• Regardless Of Owner Rights
Key Points
• Temporary Borrowing Usually Insufficient
• Returning Equivalent Property Usually Still Theft
Main Cases
| Case | Principle |
|---|---|
| Velumyl | Returning Different Notes Still Theft |
| Lloyd | Temporary Borrowing Usually Not Theft |
Minimal Force
Definition
• Very Slight Physical Contact Sufficient For Robbery
Key Points
• Serious Violence Not Required
• Even Small Physical Struggle May Suffice
Main Cases
| Case | Principle |
|---|---|
| Dawson And James | Minor Push Sufficient |
| Clouden | Snatching Basket Was Force |
| P v DPP | Minimal Contact Enough |
Threats
Definition
• Statements/Conduct Indicating Possible Violence
Key Points
• Threats May Be Implied
• Threat Need Not Be Spoken
• Threats Must Relate To Theft
Main Cases
| Case | Principle |
|---|---|
| B And R v DPP | Fear Need Not Be Actual |
| Thorne v Motor Trade Association | Pressure May Constitute Threat |
Mens Rea Of Robbery
Definition
Robbery Requires:
• Mens Rea For Theft
AND
• Intention/Recklessness Regarding Force
Key Points
• Defendant Must Intend Theft
• Force Must Be Deliberate Or Reckless
Main Cases
| Case | Principle |
|---|---|
| Venna | Recklessness Sufficient For Assault/Battery |
| Barton And Booth | Dishonesty Test |
Most Important Robbery Terms To Memorise
| Term | Core Meaning |
|---|---|
| Robbery | Theft + Force/Fear |
| Force | Physical Pressure |
| Fear Of Force | Threat Of Violence |
| Continuing Act | Theft Continues During Escape |
| Immediately Before | Timing Requirement |
| In Order To Steal | Force Must Facilitate Theft |
| Appropriation | Assumption Of Rights |
| Dishonesty | Against Honest Standards |
| IPD | Treating Property As Own |
| Minimal Force | Slight Contact Enough |
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 Definitions For Exams
| Term | Definition |
|---|---|
| Robbery | Theft Using Force/Fear |
| Force | Physical Power/Pressure |
| Fear Of Force | Threat Of Immediate Violence |
| Appropriation | Assumption Of Owner Rights |
| Dishonesty | Conduct Against Honest Standards |
| IPD | Intention To Treat Property As Own |
| Continuing Act | Theft Continuing During Escape |
| Minimal Force | Slight Contact Sufficient |
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.