Genre: Legal

The defendants wrestled with the owner for possession of a handbag. They ran off without the bag, but they had caused her lose possession this was an appropriation, therefore a theft had occurred Actus reus Immediately before or at the Time of Stealing. Theft is a continuing offence. But, courts are flexible. To interpret this literally would have a limiting effect on the scope of the section. Undoubtedly bank robbers who threaten people with force to make good their 'get a way' use force 'afterwards', but are still robbers -- the theft is continuing. Force was used to stop a woman raising the alarm while her jewellery box was being stolen. A substantial part of the force took place when the box was in the thieves' possession. Therefore, violence may come after the act of theft. Stopped leaving an off-licence by shopkeeper, assaulted him to escape. Hale applied, Gomez not relevant. Guilty And in order to do so. Theft from a disabled victim after a fight would not be robbery Actus reus Uses force on any person or Puts or seeks to put any person in fear of being Then and there subjected to force. There must be force (not violence, nor necessarily an assault) More is needed than to take the property from a passive victim as in snatching a handbag from an unsuspecting victim. More is needing than the force used to pick a pocket. But amount of force can be quiet slight, e.g. a nudge causing V to lose balance. The force must be against a person so this could not include a dog. Applying force to the property being taken (the shopping bag in the case of Clouden) is applying force to the person who is resisting. Resisting or unresisting victim The distinction between a victim who resisted having his property taken (for example snatching a handbag) used to be important, but it is not now, it is up to the jury to decide if the 'snatching' amounts to force. Snatching of property, such as a handbag from an unresisting owner would constitute force (Clouden), despite the CLRC expressed belief to the contrary. Blind victim? Need not be aware of force, requirement includes seeking to put V in fear