Robbery

Robbery

1
SHARE

Robbery

Legislation: Theft Act 1968 s8

Definition: Where a person commits theft and immediately before, or at the time of, stealing, and in order to do so, uses force on any person, or tries to put somebody in fear of immediate force.

Explanation: Robbery is not just going into a bank with a shotgun. It is committed whenever someone uses or threatens force in order to steal. Whether this is so is a question for the jury. There does not have to be an explicit threat of force.

Mode of trial: Indictable Only

Maximum sentence: Life imprisonment.

Alternative Verdicts : Theft (not Common Assault)

Examples: Jostling somebody to pick their pocket can be a robbery. Using or threatening force AFTER stealing won’t be a robbery.

CPS Guidance : Found here.

Assault with Intent to Rob

Legislation: Theft Act 1968 s8

Definition: Assaulting somebody with the intention of robbing them.

Explanation: This may often be similar to an attempted robbery. The Prosecution will have to prove that there was a specific intention to rob (rather than just assault someone).

Mode of trial: Indictable Only

Maximum sentence: Life imprisonment.

Alternative Verdicts : Common Assault (not Theft)

Examples: Someone going up to a victim and punching them whilst saying to hand over their phone. Someone going up to a victim and punching them whilst trying to grab their phone.

CPS Guidance : Found here.

SHARE
Dan is a barrister at 2 Dr. Johnson’s Buildings practising in crime.

1 COMMENT

LEAVE A REPLY