Section 8 of the Theft Act 1968 (TA 1968) states:
1. 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.
2. A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment
be liable to imprisonment for life.
Robbery refers to an aggravated form of theft, that it involves the offence of theft plus force or threat of
force on a person.
Elements of robbery
1. It must be shown that the defendant has committed theft. As stated in Forrester, the mens rea
and actus reus of theft must be proved.
2. It must be shown that the defendant has used or threatened force at the time of the theft.
There are three elements for this requirement:
(a) There must be the use of force or threat of force. Force is to be given its ordinary meaning
to the jury. However the use of force need not involve violence. As stated in Dawson, the
use of minimal force, simply a nudge amounts to use of force. The court in Clough stated
that the force can be used to the person or against a property, only if the touching of the
property affects the victim’s body. It would amount to robbery if there is a threat to use
force on the victim. As stated in B and R v DPP, there is no need to prove that the victim was
afraid, as long as there was use of force or threat of force.
(b) The force must be used solely on the purpose to steal. The defendant must be aware that he
is using force and is using that force to steal.
(c) The force must be used at the time of the theft or immediately before it. As stated in Hale. It
is not robbery if the force used is for the purpose to make a getaway from the scene of a
theft.
1. 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.
2. A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment
be liable to imprisonment for life.
Robbery refers to an aggravated form of theft, that it involves the offence of theft plus force or threat of
force on a person.
Elements of robbery
1. It must be shown that the defendant has committed theft. As stated in Forrester, the mens rea
and actus reus of theft must be proved.
2. It must be shown that the defendant has used or threatened force at the time of the theft.
There are three elements for this requirement:
(a) There must be the use of force or threat of force. Force is to be given its ordinary meaning
to the jury. However the use of force need not involve violence. As stated in Dawson, the
use of minimal force, simply a nudge amounts to use of force. The court in Clough stated
that the force can be used to the person or against a property, only if the touching of the
property affects the victim’s body. It would amount to robbery if there is a threat to use
force on the victim. As stated in B and R v DPP, there is no need to prove that the victim was
afraid, as long as there was use of force or threat of force.
(b) The force must be used solely on the purpose to steal. The defendant must be aware that he
is using force and is using that force to steal.
(c) The force must be used at the time of the theft or immediately before it. As stated in Hale. It
is not robbery if the force used is for the purpose to make a getaway from the scene of a
theft.
