Robbery As Defined In S8 Theft Act 1968 (Copy)

1. Introduction to Robbery

• Robbery is a more serious form of theft, involving violence or force.
• It is an offense under Section 8 of the Theft Act 1968.
• The law aims to protect victims from the threat or use of force in the act of stealing.
• A key historical example is the Great Train Robbery (1963), where robbers attacked a train driver and stole millions.

2. Definition of Robbery (Section 8 of the Theft Act 1968)

A person is guilty of robbery if:

He steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or seeks to put any person in fear of being then and there subjected to force.

To prove robbery, the prosecution must establish:

1. A completed theft (all elements of theft must be satisfied).
2. The use of force, or a threat of force, to facilitate the theft.
3. The force must be used immediately before or at the time of the theft.
4. The force must be used in order to steal.

3. Actus Reus of Robbery

3.1 There Must Be a Completed Theft

• All elements of theft (as per Chapter 14) must be present:
  • Appropriation
  • Property
  • Belonging to Another
  • Dishonesty
  • Intention to Permanently Deprive
• Case Example: R v Zerei (2012)
  • The defendant threatened a victim with a knife, punched him, and took his car keys.
  • The car was later found abandoned.
  • The conviction for robbery was quashed, as the intention to permanently deprive was unclear.
• Case Example: R v Waters (2015)
  • The defendant took the victim’s phone and set a condition for returning it.
  • The Court of Appeal ruled no theft had occurred, meaning no robbery was committed.

3.2 Use of Force or Threat of Force

• The force does not have to be significant.
• It is for the jury to decide if an act constitutes force.
• Case Example: R v Dawson and James (1976)
  • A defendant pushed the victim, causing them to lose balance, while an accomplice took their wallet.
  • The Court ruled that even slight force is enough for robbery.
• Case Example: R v Clouden (1987)
  • The defendant wrenched a shopping bag from the victim’s hand.
  • The Court held that force applied to property being held by the victim equates to force on the victim.
• Case Example: P v DPP (2012)
  • A thief snatched a cigarette from a victim’s hand without touching them.
  • The Court ruled that this was theft, not robbery, as no force was applied to the person.

3.3 Force or Threat of Force on Any Person

• The victim does not need to be the owner of the stolen property.
• Case Example: B and R v DPP (2007)
  • A group of boys surrounded a victim and took his money and phone.
  • The victim did not feel frightened, but the Court ruled that force was used and robbery was committed.
• If an armed robber threatens one person in a bank, but another person hands over money, it is still robbery.

3.4 Timing of Force: Immediately Before or at the Time of Theft

• Force must be used at the time of theft, or the crime is assault + theft, not robbery.
• Case Example: R v Hale (1979)
  • Defendants forced entry into a house, stole jewelry, and tied up the victim afterward.
  • The court ruled that theft was a “continuing act”, meaning force used after stealing still counted.
• Case Example: R v Lockley (1995)
  • A shoplifter used force on a shopkeeper while escaping.
  • The court ruled force used to escape after theft is still part of robbery.

3.5 Force Must Be Used in Order to Steal

• If force is used for a different reason, then later theft does not turn it into robbery.
• Example: If a defendant punches someone in anger, and then notices their wallet and steals it, this is assault + theft, not robbery.

4. Mens Rea of Robbery

To be convicted of robbery, a person must have:

1. The Mens Rea for Theft:
   • The defendant must be dishonest and have an intention to permanently deprive the owner of the property.
2. Intention to Use Force in Order to Steal:
   • If the force was accidental or not related to stealing, it is not robbery.
   • Example: If a defendant accidentally bumps into someone while stealing their wallet, this is theft, not robbery.

5. Sentencing for Robbery

• Robbery is an indictable offense (tried in the Crown Court).
• Maximum Sentence: Life Imprisonment.
• Sentencing Guidelines consider:
  • Street Robbery or Simple Commercial Robbery
  • Professionally Planned Robbery
  • Robbery in a Dwelling

5.1 Factors Affecting Sentencing

• Aggravating Factors (Increasing the Sentence):
  • Use of weapons (guns, knives).
  • Targeting elderly or vulnerable victims.
  • Serious injuries inflicted.
  • Gang involvement.
• Mitigating Factors (Reducing the Sentence):
  • First-time offense.
  • No actual violence used.
  • Defendant shows remorse.

6. Evaluation of Robbery Law

6.1 Strengths of Robbery Law

✔ Clear distinction from theft: The requirement of force makes robbery distinct.
✔ Protects victims from violence: The law punishes forceful theft more severely.
✔ Juries decide what counts as force: Flexibility in deciding what level of force is required.

6.2 Weaknesses of Robbery Law

❌ Minimal force can count as robbery:

• Cases like Dawson & James show that even a small push is enough.
• This can lead to harsh punishments for minor incidents. ❌ Confusion over force timing:
• Cases like Hale and Lockley treat force after theft as part of robbery.
• This conflicts with theft law, which says appropriation happens at one point in time. ❌ Inconsistent jury decisions:
• Some juries may see minor force as theft, others as robbery.

7. Conclusion

• Robbery is a serious criminal offense that requires both theft and force.
• The law punishes violent theft more harshly than simple theft.
• Some cases blur the line between theft and robbery, leading to inconsistent decisions.
• Possible reforms:
  • Clarify the level of force required.
  • Reassess the timing of force in robbery cases.