Elements of Robbery
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Section 8 of the Theft Act 1968 defines robbery as an aggravated form of theft, where the offender uses force or the threat of force to steal property from another person. In order for an offence to be considered robbery under s8 of the Theft Act 1968, the following elements must be present:
Theft: The offender must have committed theft, as defined under s1 of the Theft Act 1968. This means that they must have dishonestly taken property belonging to another person, without their consent, with the intention of permanently depriving them of it.
Force or threat of force: The offender must have used force or the threat of force to take the property. Force can include physical violence, but also includes situations where the offender uses intimidation or the threat of violence to take the property.
Immediately before or at the time of the theft: The use of force or the threat of force must have occurred either immediately before or at the time of the theft. This means that if force is used after the theft has already taken place, the offence cannot be considered robbery.
If all of these elements are present, the offence is classified as robbery under s8 of the Theft Act 1968. The offence carries a maximum penalty of life imprisonment. The severity of the penalty reflects the fact that robbery is considered to be a very serious offence, due to the use of force or the threat of force involved.
Theft: The offender must have committed theft, as defined under s1 of the Theft Act 1968. This means that they must have dishonestly taken property belonging to another person, without their consent, with the intention of permanently depriving them of it.
Force or threat of force: The offender must have used force or the threat of force to take the property. Force can include physical violence, but also includes situations where the offender uses intimidation or the threat of violence to take the property.
Immediately before or at the time of the theft: The use of force or the threat of force must have occurred either immediately before or at the time of the theft. This means that if force is used after the theft has already taken place, the offence cannot be considered robbery.
If all of these elements are present, the offence is classified as robbery under s8 of the Theft Act 1968. The offence carries a maximum penalty of life imprisonment. The severity of the penalty reflects the fact that robbery is considered to be a very serious offence, due to the use of force or the threat of force involved.