Robbery
From Wikipedia, the free encyclopedia
Robbery is the crime of seizing property through violence or intimidation. A perpetrator of a robbery is a robber. Violence is an ingredient of most robberies, and its use sometimes results in the murder of the victim(s). Robbery is generally an urban crime. In common with most legal terms, the precise definition of robbery varies between jurisdictions.
The element of force differentiates robbery from embezzlement, larceny, and other types of theft. Piracy (robbery at sea) is a type of robbery. Armed robbery involves the use of a weapon. Aggravated robbery involves the use of a deadly weapon or something that appears to be a deadly weapon. Highway robbery takes place outside and in a public place. Carjacking is the act of stealing a car from a victim, usually at gunpoint. Banks are often the target of robberies.
Informally, robbery may be used to denote other kinds of theft that are not robbery, such as burglary. People returning home and finding their possessions stolen may well exclaim, "We've been robbed!", though actually they've been burgled.
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[edit] English law
Under section 8(1) of the Theft Act 1968, robbery is an indictable only offence which occurs if the defendant:
- steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
The elements of the offence are:
[edit] Steals
This requires evidence to prove a theft as set out in s.1(1) Theft Act, 1968.
[edit] Actual or threatened force against the person
The threat or use of force must take place immediately before or at the time of the theft intentionally or recklessly to facilitate it. Force used after the actus reus is complete may only constitute threatening behaviour, assault, assault with intent to rob or another offence against the person, depending on the individual circumstances.
[edit] Puts or seeks to put anyone in fear
The threat or use of force against the person must be made immediately before or at the time of the theft and for the purpose of facilitating it. Where threats of force are used they must amount to threats of then and there subjecting the victim, or some other person to force.
A robbery would be committed if a mugger forcibly snatched a mobile phone or pulled out a knife to imply a threat of violence to the owner and then took the phone from him. If, however, the defendant simply cut the strap of a bag carried over the shoulder by the victim, this would not constitute robbery unless the victim was in fear. It is important to note that the victim of the theft need not be the person who is threatened or assaulted.
A robbery would also be committed where a robber stole from a jewellers by threatening to assault a customer visiting the shop as a means of forcing the jeweller to handover his stock. As the definition states, any threats must be live - then and there - as any threat for the future "I'll beat you tomorrow if you don't give me your watch" does not have the immediacy required for this offence to be complete, although it might constitute an offence of blackmail or extortion.
Similarly, the threatening of damage to property, no matter how valuable, will not constitute a robbery, but may (depending on the other requirements of that offence) disclose an offence of blackmail, extortion or threats to criminal damage.
In circumstances where the property taken as a result of the threats or force is a conveyance, and if there is insufficient evidence to prove the theft element (the thief abandons the vehicle shortly afterwards and maintains the taking of the vehicle was merely to escape the scene and he had no intention to permanently deprive), then an offence of taking a conveyance without consent would be charged under section 12 as a TWOC.
Property stolen during a robbery remains stolen and thus its disposal or realisation etc. will still constitute an offence of handling stolen property.
Following R v Mitchell (2005) AER (D) 74, the sentencing guidelines provided in Attorney General's References (Nos 4 and 7 of 2002) (2002) EWCA Crim 127 no longer apply to street robbery involving the use of guns for which more severe deterrent sentences will almost invariably be required. In November 2005, the Sentencing Guidelines Council [1] issued new draft guidelines concerning robbery, but they are not yet in force.
[edit] Assault with intent to rob
An alternative offence under s8(2) of the 1968 Act is assault, i.e. any act which intentionally or recklessly causes another to fear the immediate and unlawful use of force, with an intention to rob. So this offence is an option instead of charging an attempt if the defendant is unsuccessful in his or her attempt to steal, but uses or threatens the use of force.
[edit] Sentence
The maximum sentence is life imprisonment. Robbery and assault with intent to rob are also subject to the mandatory sentencing regime under the Criminal Justice Act 2003.
[edit] References
- Allen, Michael. (2005). Textbook on Criminal Law. Oxford: Oxford University Press. ISBN 0-19-927918-7.
- Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
- Griew, Edward. Theft Acts 1968 & 1978. London: Sweet & Maxwell. ISBN 0-421-19960-1
- Ormerod, David. (2005). Smith and Hogan Criminal Law, London: LexisNexis. ISBN 0-406-97730-5
- Smith, J. C. (1997). Law of Theft. London: LexisNexis. ISBN 0-406-89545-7
Stanislav Petrov
[edit] See also
[edit] Etymology
The word "rob" came via French from Late Latin words (e.g. deraubare) of Germanic origin, from Common Germanic raub- = "clothes", as in old times (before modern cheap mechanized mass production of clothes) one main target of robbers was often the victim's clothes.
