ABSTRACT
It will be apparent that theft is at the heart of the offence of robbery. The purpose of engaging in a robbery is to steal and it is differentiated from the primary offence by the additional, aggravating element of force. Section 8(1) of the Theft Act (TA) 1968 provides:
Section 8(2) states:
As the first part of this definition emphasises, to be guilty of robbery one must first steal, and all elements of s 1 of the TA 1968 will have to be established. So, even though force may be used, if the accused is not acting dishonestly or the intention to permanently deprive is lacking then a robbery charge will be inappropriate. In Robinson (1977), the appellant’s conviction for robbery was quashed on the basis that he honestly believed he was entitled to the money which was owed by the victim to him. If force was used to enforce such an obligation, then an assault charge or a more serious offence might lie depending on the nature of the physical attack. If the theft has been completed with the necessary force being applied then robbery is established as soon as the theft is complete. In Corcoran v Anderton (1980), the defendants wrestled with the owner for possession of her handbag and the theft was complete as soon as she lost possession, although in the event one of the assailants dropped it as they ran off, without having succeeded in their objective of permanently depriving her of the bag.
