Robbery - S8 Theft Act 1968

Robbery - S8 Theft Act 1968

1. "A person is guilty of robbery if he steals, and immediately before or at the time of doing so, he uses force on any person or seeks to put any person in fear of being then and there subjected to force."

   • Very simply 'Theft with force'

2. Actus Reus

   • AR for Theft
     • Appropriates - S3(1) Theft Act 1968
       • Looked at flexibly in robbery cases
         • Corcoran v Anderton (1980)
     • Property - S4(1) Theft Act 1968
       • Oxford v Moss (1979)
     • Belonging to Another S5 Theft Act 1968
       • Turner (1971)
   • Application of threat of force
     • May be applied directly or indirectly
       • Clouden (1987)
     • Must be sufficient as to be noticeable
       • Dawson and James (1976)
     • Cannot be too akin to pickpocketing
       • RP and Others v DPP (2012)
     • The threat does not have to be real
       • Bentham (2005)
   • The force must be used immediately before, or at the time of the theft.
     • S8(1) Theft Act 1968
     • Can occur after the theft
       • SIngle Continuing Act
         • Hale (1978)
   • Force must be used in order to steal
     • Cannot simply be an offence against the person

3. Mens Rea

   • MR for Theft
     • Dishonesty
       • 1st limb of Ghost test (objective)
         • D's behaviour vs reasonable, honest man
       • Ivey v Genting Casinos LTD (2017)
         • Fact-finding mission into the D's knowledge/belief as to the facts
     • Intention to permanently deprive the V of property
       • S6 Theft Act 1968
       • Zerei (2012)
   • Intent/Subjective recklessness as to the use or threat of force
     • Subjective Recklessness - Cunningham
     • Direct Intent - Mohan
     • Indirect Intent - Woollin