Source: Statutory offence
Specific intent crimes
Definition: Robbery is defined in S8 of the Theft Act 1968
An aggravated form of theft. It is theft with force or threat of force.
Theft must be proved first (AR + MR). If D has not committed a theft, they cannot be convicted of robbery
KEY CASE: CORCORAN V ANDERTON
Two defendants robbed a woman. They were convicted and appealed, arguing they never had full control. The
court upheld the convictions, as an appropriation occurred with dishonest intent.
Theft must be proved first
All of the elements of theft have to be established or satisfied. The theft have to be established or satisfied
- Theft must be complete and if any are missing e.g D did not intend to ‘permanently deprive’ or if there’s no
appropriation, there cannot be a robbery
Actus Reus of robbery: force or threat of force on the victim
AR of theft (appropriation or property belonging to another)
PLUS ANY OF THE FOLLOWING..
D uses force in order to steal or
D puts a person in fear of force in order to steal or
D seeks to put a person in fear of force in order to steak
Threat of force:-
• A threat of force is sufficient/enough. There does not have to have been any physical contact (force) applied.
• Silence can count as a threat.
• Words can count as a threat.
• Use of weapons/gesticulation with weapons, can amount to a threat of force
Example Case: Bentham
D broke into his old employer's house, pretending to have a gun, demanded jewellery and money, and
threatened to shoot if not handed over. V handed over money, and D was charged with robbery.
Force:-
• The courts give the word ‘force’ its ordinary meaning
• It is for the jury to decide in the case what force means and whether it is sufficient for robbery (R v Dawson &
James)
• The force does not have to be serious/strong – it can be minor (P v DPP)
• V does not have to be afraid of the force for it to be robbery (R an B v DPP)
• Force can be used against property and is indirectly applied to the victim
Immediately before or at the time of the theft:-
•The force or threat of force must be either (1) immediately before the theft (stealing the property) or (2) at the time
of the theft.
Specific intent crimes
Definition: Robbery is defined in S8 of the Theft Act 1968
An aggravated form of theft. It is theft with force or threat of force.
Theft must be proved first (AR + MR). If D has not committed a theft, they cannot be convicted of robbery
KEY CASE: CORCORAN V ANDERTON
Two defendants robbed a woman. They were convicted and appealed, arguing they never had full control. The
court upheld the convictions, as an appropriation occurred with dishonest intent.
Theft must be proved first
All of the elements of theft have to be established or satisfied. The theft have to be established or satisfied
- Theft must be complete and if any are missing e.g D did not intend to ‘permanently deprive’ or if there’s no
appropriation, there cannot be a robbery
Actus Reus of robbery: force or threat of force on the victim
AR of theft (appropriation or property belonging to another)
PLUS ANY OF THE FOLLOWING..
D uses force in order to steal or
D puts a person in fear of force in order to steal or
D seeks to put a person in fear of force in order to steak
Threat of force:-
• A threat of force is sufficient/enough. There does not have to have been any physical contact (force) applied.
• Silence can count as a threat.
• Words can count as a threat.
• Use of weapons/gesticulation with weapons, can amount to a threat of force
Example Case: Bentham
D broke into his old employer's house, pretending to have a gun, demanded jewellery and money, and
threatened to shoot if not handed over. V handed over money, and D was charged with robbery.
Force:-
• The courts give the word ‘force’ its ordinary meaning
• It is for the jury to decide in the case what force means and whether it is sufficient for robbery (R v Dawson &
James)
• The force does not have to be serious/strong – it can be minor (P v DPP)
• V does not have to be afraid of the force for it to be robbery (R an B v DPP)
• Force can be used against property and is indirectly applied to the victim
Immediately before or at the time of the theft:-
•The force or threat of force must be either (1) immediately before the theft (stealing the property) or (2) at the time
of the theft.
