Robbery - s.8 THEFT ACT 1968

Robbery - s.8 THEFT ACT 1968

1. Actus Reus

   • All elements of theft must be present:
     • Dishonest
     • Appropriation
       • As soon as the appropriation is complete there is a robbery: CONCORAN v ANDERTON
     • Property
     • Belonging to another
     • Intention to permanently deprive
   • Force can be used on any person in order to steal or D can put any person in fear of force in order to steal.
     • Where D uses force, the force can be small: DAWSON AND JAMES
   • Force must be used or threatened in order to steal
     • Must be used or threatened on any person: P v DPP
       • The person on whom the force is used does not have to be the person from which the theft occurs: HALE
   • Force must be used or threatened immediately before or at the time of theft.
     • An appropriation can be a continuing act and it is for the jury to decide when it has stopped: HALE
   • Not robbery if D gets V to part with the property by threatening to use force in the future.

2. Mens Rea

   • Must show mens rea of theft by showing D acted dishonestly and has the intention to permanently deprive V of the property.
     • If D has not committed theft, he cannot be convicted of robbery, even if he uses force in order to steal: ROBINSON
   • Where D uses force or puts any person in fear of force, D must have intended to use or threaten force on any person in order to steal.
   • Where D only seeks to put a person in fear of force in order to steal, then the prosecution must show that it was D's intention to cause V to apprehend that force might be used in order to steal: B AND R v DPP