Skip to main content
EnglandLegal StudiesSyllabus dot point

What are the elements of theft and robbery, and how does the Theft Act 1968 define each part of the offence?

Property offences: theft (sections 1 to 6 of the Theft Act 1968) and robbery (section 8), their actus reus and mens rea and the leading cases.

An OCR A-Level Law guide to the property offences of theft and robbery. Explains the five elements of theft under sections 1 to 6 of the Theft Act 1968 and the offence of robbery under section 8, with the leading cases, worked scenario answers and the AO2 application the paper rewards.

Generated by Claude Opus 4.816 min answer

Reviewed by: AI editorial process; not yet individually human-reviewed

Have a quick question? Jump to the Q&A page

Jump to a section
  1. What this dot point is asking
  2. The answer
  3. Examples in context
  4. Try this

What this dot point is asking

OCR Component 1 Section B requires you to know the two main property offences: theft, defined across sections 1 to 6 of the Theft Act 1968, and robbery under section 8, which is theft aggravated by force. The skill is to apply the five elements of theft, and then the additional force element of robbery, to a scenario for AO2.

The answer

Theft: the five elements

  • Appropriation (s3). Assuming any of the rights of an owner: taking, selling, using or destroying. It can occur even where the owner consents (Lawrence; Gomez) and even on receiving a valid gift (Hinks).
  • Property (s4). Money, real and personal property, things in action and intangible property. Generally excluded are land (with exceptions), wild plants and creatures not in captivity, and confidential information (Oxford v Moss, exam paper contents not property).
  • Belonging to another (s5). Property "belongs to" anyone with possession or control or a proprietary interest. You can even steal your own property if another has possession or control (R v Turner (No 2)), and property received under an obligation to deal with it in a particular way still belongs to the other (Davidge v Bunnett; A-G's Reference (No 1 of 1983)).
  • Dishonesty (s2). Section 2 sets out three states of mind that are not dishonest: a belief in a legal right to the property (s2(1)(a)), a belief the owner would consent (s2(1)(b)), and a belief the owner cannot be found by reasonable steps (s2(1)(c)). A willingness to pay does not prevent dishonesty (s2(2)). Otherwise the test is from Ivey v Genting (approved for crime in R v Barton and Booth): what did the defendant actually believe, and was the conduct dishonest by the objective standards of ordinary decent people? This replaced the two-stage Ghosh test.
  • Intention permanently to deprive (s6). Usually obvious, but s6 extends it to treating the property as one's own to dispose of regardless of the owner's rights (DPP v Lavender), including taking all the value out of property (R v Velumyl; Lloyd, where borrowing can amount to this if all the goodness is gone).

Robbery

Robbery (section 8, Theft Act 1968) is committed where a person 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.

  • A completed theft must be proved (all five elements); if there is no theft, there is no robbery (Corcoran v Anderton, though the theft can be momentary).
  • The force can be small (Dawson and James, a nudge), and may be applied to property if it is wrenched from the victim (Clouden, snatching a bag).
  • The force must be used in order to steal and at the time of or immediately before the theft, not afterwards.

Examples in context

A strong answer always proves the underlying theft before turning to the force that makes it robbery.

Try this

Q1. Explain the meaning of appropriation and intention permanently to deprive for the offence of theft. [12 marks]

  • What the marker wants. Precise AO1: appropriation (s3) as assuming any of the owner's rights, even with consent (Gomez, Hinks); intention permanently to deprive (s6) including treating property as one's own to dispose of regardless of the owner's rights (Lavender, Velumyl).

Q2. Owen threatens a shopkeeper with a knife, says "open the till or else", and takes the cash. Discuss Owen's liability for robbery. [20 marks]

  • Cue. An AO2 application: prove the theft (the cash is property belonging to another, taken dishonestly with intent to deprive), then the threat of force put the shopkeeper in fear of being then and there subjected to force, used in order to steal (s8), so robbery is made out.

Exam-style practice questions

Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.

OCR H418/01 2019 (Section B scenario)20 marksNia takes a bicycle from a rack intending to keep it. Later, she grabs a phone from a stranger's hand, pushing the stranger hard enough to make her stumble, and runs off. Discuss Nia's liability for theft and robbery. [Section B legal scenario, AO2]
Show worked answer →

A scenario testing AO2 application of theft and robbery. Use issue, rule, application, conclusion for each.

The bicycle: theft (s1 Theft Act 1968). Apply the five elements. Appropriation (s3) is assuming the rights of the owner (Morris, Gomez): taking the bike. Property (s4): the bike is property. Belonging to another (s5): it belongs to its owner. Dishonesty (s2 plus the Ivey v Genting test): not within the s2 exceptions, and dishonest by the standards of ordinary people. Intention permanently to deprive (s6): she means to keep it. Theft is complete.

The phone: robbery (s8). Robbery is theft plus force or the threat of force used immediately before or at the time of stealing and in order to steal (Dawson and James, Clouden, Corcoran v Anderton). Pushing the stranger to take the phone is force used in order to steal, so the theft is aggravated into robbery.

A top answer applies the statutory elements to the facts and concludes on each.

OCR H418/01 2021 (Section A style)12 marksExplain how dishonesty is determined for the offence of theft. [a medium-tariff Section A question; true tariff varies between 10 and 15 on the real paper]
Show worked answer →

A Section A knowledge question, mainly AO1, rewarding the s2 exceptions and the current test.

Section 2 Theft Act 1968 sets out three situations that are not dishonest: a genuine belief in a legal right to the property (s2(1)(a)); a belief the owner would consent (s2(1)(b)); and a belief the owner cannot be found by taking reasonable steps (s2(1)(c)). A willingness to pay does not prevent dishonesty (s2(2)).

If none of the s2 exceptions applies, dishonesty is decided by the test in Ivey v Genting Casinos (approved for criminal law in R v Barton and Booth): what was the defendant's actual state of knowledge or belief as to the facts, and was the conduct dishonest by the objective standards of ordinary decent people? This replaced the older Ghosh test.

A top answer states the s2 exceptions and the Ivey objective test, noting it replaced Ghosh.

Related dot points

Sources & how we know this