Learning Outcomes
After reading this article, you will be able to identify and apply the elements of robbery, distinguish robbery from larceny and burglary, and analyze the role of force or threat in robbery. You will also understand key defenses and common MBE pitfalls, enabling you to answer MBE-style robbery questions with confidence.
MBE Syllabus
For MBE, you are required to understand the definition and elements of robbery, how it differs from other property crimes, and the significance of force or threat. This article covers:
- The definition and elements of robbery.
- The requirement of force or threat and its timing.
- Distinctions between robbery, larceny, and burglary.
- Defenses and common exam pitfalls.
- The role of accomplices and attempted robbery.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is NOT an element of robbery?
- Taking and carrying away property of another
- By force or threat of force
- With intent to permanently deprive
- Entry into a dwelling at night
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A man grabs a woman's purse from her shoulder, causing her to stumble but not fall. Is this likely robbery?
- Yes, because force was used
- No, because the woman was not injured
- No, because the man did not use a weapon
- Yes, because the taking was in public
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If a thief picks a victim’s pocket without the victim noticing, is this robbery?
- Yes, because property was taken
- No, because there was no force or threat
- Yes, because the victim lost property
- No, because the property was not valuable
Introduction
Robbery is a property crime that combines theft with violence or intimidation. It is tested frequently on the MBE because it requires careful attention to the timing and nature of force or threat. Robbery is distinct from larceny and burglary, and understanding these differences is essential for MBE success.
Key Term: Robbery
The unlawful taking and carrying away of property from a person or their immediate presence, by force or threat of force, with intent to permanently deprive the owner.
Elements of Robbery
To prove robbery, the prosecution must establish:
- A taking and carrying away (asportation) of property;
- From the person or immediate presence of another;
- By use of force or threat of immediate force;
- With intent to permanently deprive the owner.
Key Term: Immediate Presence
Property is in the immediate presence of a victim if it is within their reach, control, or observation, even if not physically on their person.Key Term: Force or Threat
The use of physical power or intimidation sufficient to overcome resistance or induce fear of immediate harm, used to accomplish the taking or prevent resistance.
Timing of Force or Threat
The force or threat must be used to obtain the property or to retain it immediately after the taking. If force is used only after the theft is complete and to escape, it is not robbery.
Degree of Force Required
Any physical force, however slight, that overcomes resistance or causes fear is sufficient. Actual injury is not required. Mere snatching without resistance is usually larceny, not robbery, unless force is used to overcome the victim’s hold.
Threats
A threat must be of immediate physical harm to the victim, their family, or someone in their presence. Threats of future harm or harm to property (except a dwelling) are not enough.
Distinguishing Robbery from Larceny and Burglary
- Larceny is the trespassory taking and carrying away of property with intent to permanently deprive, but without force or threat.
- Burglary is entry into a building with intent to commit a felony inside, not necessarily involving force against a person or theft.
Key Term: Larceny
The unlawful taking and carrying away of property of another with intent to permanently deprive, but without force or threat.Key Term: Burglary
The unlawful entry into a building or structure with intent to commit a felony or theft inside.
Accomplices and Attempted Robbery
An accomplice who aids or encourages the use of force or threat during a theft can be guilty of robbery. Attempted robbery requires a specific intent to commit robbery and a substantial step toward its commission.
Worked Example 1.1
A thief approaches a woman on the street, points a fake gun at her, and demands her purse. She hands it over in fear. Is this robbery?
Answer: Yes. The thief took property from the woman's immediate presence by threat of immediate force (the fake gun), with intent to permanently deprive her.
Worked Example 1.2
A pickpocket stealthily removes a wallet from a victim’s coat without the victim noticing. Is this robbery?
Answer: No. There was no force or threat used. This is larceny, not robbery.
Worked Example 1.3
During a shop theft, a store clerk confronts the thief, who then shoves the clerk aside and escapes with the goods. Is this robbery?
Answer: Yes, if the force was used to retain the property immediately after the taking, it is robbery.
Exam Warning
On the MBE, mere snatching of property without overcoming resistance is usually larceny, not robbery. Look for facts showing force or threat.
Revision Tip
Always check if the force or threat occurred before or during the taking. If it happened only after the theft is complete, robbery is not established.
Summary
Robbery is theft accomplished by force or threat of immediate force from a person or their presence. The force or threat must be used to obtain or retain the property. Distinguishing robbery from larceny and burglary is a common MBE test point.
Key Point Checklist
This article has covered the following key knowledge points:
- Robbery requires a taking from a person or their immediate presence by force or threat.
- The force or threat must be immediate and used to obtain or retain the property.
- Mere snatching without resistance is larceny, not robbery.
- Robbery is distinct from larceny (no force) and burglary (entry with intent to commit a felony).
- Accomplices and attempted robbery require specific intent and a substantial step.
Key Terms and Concepts
- Robbery
- Immediate Presence
- Force or Threat
- Larceny
- Burglary
