Introduction to Robbery (s8 Theft Act 1968)

Welcome! In this chapter, we are looking at Robbery. If you have already studied Theft, you are halfway there. Put simply, robbery is "theft with force." It is an indictable offence, meaning it is considered very serious and is dealt with in the Crown Court.

Don't worry if the legal language seems a bit dense at first. We will break it down into a simple "recipe" of ingredients that the prosecution must prove to get a conviction.

Under Section 8(1) 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 puts or seeks to put any person in fear of being then and there subjected to force."

The Five "Building Blocks" of Robbery

To understand robbery, it helps to think of it as five specific requirements. If even one is missing, it isn't robbery (though it might still be theft or an assault).

1. A Completed Theft

For a robbery to occur, there must be a completed theft. This means all the elements of Section 1 Theft must be present (Appropriation, Property, Belonging to another, Dishonesty, and Intention to permanently deprive).

Case Example: In Robinson (1977), the defendant used a knife to threaten a man into giving him money. However, because the defendant honestly believed he had a legal right to that money, he wasn't "dishonest" under s2(1)(a). Since there was no theft, there could be no robbery.

Key Takeaway: No theft = No robbery. If the thief drops the items and runs away before successfully "appropriating" them, it might only be attempted robbery.

2. Force or Threat of Force

The law doesn't actually define how much "force" is needed. It is up to the jury to decide, but the courts have shown that even a small amount of force is enough.

  • Physical Force: This can be as simple as nudging a person or wrenching a bag out of their hand (Dawson and James (1976)).
  • Threat of Force: The victim doesn't actually have to be scared. The law says the defendant must "seek" to put them in fear. If a thief points a fake gun at someone who realizes it's plastic and isn't scared, it is still robbery because the thief sought to put them in fear.

3. On Any Person

The force does not have to be used against the owner of the property. For example, if a thief hits a security guard to steal a watch from a jewellery display, that is robbery. The force was used on "any person."

4. Timing: Immediately Before or At the Time Of

This is where students often get tripped up! The force must happen at the same time as the theft or just before it. If the thief steals a phone, walks two blocks away, and then hits a policeman who tries to stop them, that is not robbery (it's theft and assault) because the theft was already over.

The "Continuing Act" Rule: The courts sometimes treat theft as a "continuing act." In Hale (1978), the thieves took jewellery and then tied up the victim. The court decided the theft was still happening while they were tying her up, so it was robbery.

5. Purpose: In Order to Steal

The force must be used to make the theft possible. If two people get into a fight and, after the fight is over, one decides to take the other's wallet, that is not robbery. Why? Because the force wasn't used in order to steal; it was used for the fight.

The Mens Rea (Mental Element)

To be guilty of robbery, the defendant must have two types of intent:

1. The Mens Rea of Theft: They must be dishonest and have the intention to permanently deprive the owner of the property.

2. Intent regarding the force: They must intend to use force or recklessly use force to accomplish the theft.

Sentencing

As mentioned, robbery is a very serious offence. Under Section 8(2) of the Theft Act 1968, a person convicted of robbery can face up to life imprisonment. The actual sentence will depend on factors like the level of force used and whether weapons were involved.

Common Mistakes to Avoid

Mistake 1: Thinking "Force" must cause injury.
Actually, a simple shove or pulling a bag is enough force for robbery. No injury is required.

Mistake 2: Forgetting the theft elements.
If the defendant is not dishonest (e.g., they think they have a legal right to the item), they cannot be guilty of robbery, even if they use a lot of violence.

Mistake 3: Confusing Robbery with Burglary.
Robbery is about using force to steal. Burglary is about entering a building as a trespasser. You can have a robbery without a burglary (on the street) and a burglary without a robbery (stealing from an empty house).

Quick Review Checklist

When answering a problem question on Paper 2, ask yourself these questions:

  • Was there a completed theft (all 5 elements)?
  • Was force used or threatened?
  • Was the force used immediately before or at the time of the stealing?
  • Was the force used in order to steal?
  • Did the defendant intend to steal and intend/recklessly use force?

If the answer to all of these is "Yes," you are looking at a Robbery under \(s8\)!

Key Takeaway Summary

Robbery = Theft + Force (used at the time of the theft in order to steal). It is defined in s8 Theft Act 1968 and carries a maximum penalty of life imprisonment because it combines an offence against property with an offence against the person.