Robbery: force must be used in order to steal (Theft Act 1968, s.8)
Outside a takeaway in Sunderland, Dean Walsh punches Kieran Moss and knocks him to the ground because Kieran insulted Dean's football team. Kieran's phone falls out of his pocket. Only then does Dean decide to take it. He picks it up and walks off, without using or threatening any further force. He is charged with robbery.
Which of the following best describes Dean's liability for robbery?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: He is not guilty of robbery, because the force was not used in order to steal; he is liable for theft and assault separately.
THE RULE TO REMEMBER
Robbery requires force (or putting/seeking to put in fear of force) immediately before or at the time of stealing and in order to steal; force used for another reason does not count.
Robbery: force must be used in order to steal (Theft Act 1968, s.8)
Under s.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, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. The force must be used in order to steal. Dean punched Kieran over an insult, before he had formed any intention to steal. When he later decided to take the phone, he used no further force and did not put or seek to put Kieran in fear of force. So the timing requirement is met, but the purpose requirement is not, and there is no robbery. Dean is liable for theft of the phone and for an assault offence for the punch.
Why A is wrong: The force must be used in order to steal as well as immediately before or at the time; it was not.
Why C is wrong: Robbery requires D to put or seek to put V in fear of force in order to steal; Dean did neither for that purpose.
Why D is wrong: A punch that knocks someone over is clearly force; the problem is purpose, not degree.
Why E is wrong: A continuing appropriation does not help where the only force was used for a different reason before any intent to steal.
A little more practice done.
Related questions
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