Robbery - s.8 THEFT ACT 1968

Actus Reus
1. All elements of theft must be present:
  1. Dishonest
  2. Appropriation
    1. As soon as the appropriation is complete there is a robbery: CONCORAN v ANDERTON
  3. Property
  4. Belonging to another
  5. Intention to permanently deprive
2. 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.
  1. Where D uses force, the force can be small: DAWSON AND JAMES
3. Force must be used or threatened in order to steal
  1. Must be used or threatened on any person: P v DPP
    1. The person on whom the force is used does not have to be the person from which the theft occurs: HALE
4. Force must be used or threatened immediately before or at the time of theft.
  1. An appropriation can be a continuing act and it is for the jury to decide when it has stopped: HALE
5. Not robbery if D gets V to part with the property by threatening to use force in the future.
Mens Rea
1. Must show mens rea of theft by showing D acted dishonestly and has the intention to permanently deprive V of the property.
  1. If D has not committed theft, he cannot be convicted of robbery, even if he uses force in order to steal: ROBINSON
2. 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.
3. 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

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Robbery - s.8 THEFT ACT 1968

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