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Robbery
From Wikipedia, the free encyclopedia
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This article may require cleanup to meet Wikipedia's quality standards. Please improve this article if you can. (April 2007) |
Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. It should be noted, in common with most legal terms, the precise definition of robbery varies between jurisdictions. Robbery is also when there is forced intimidation placed upon the victim/victims.
Common issues in differentiating robbery from simple theft is the degree of force required and when the force is applied. For example, in a purse snatch the thief takes a purse off his victim's shoulder. The victim might not have noticed. The question as to whether this is an example of robbery or theft is not clear. What if, in pulling the purse, the victim is pulled to the ground, but still does not have time to offer resistance? Or if the purse strap is cut by the thief with a knife? The answers to these questions will vary from jurisdiction to jurisdiction.
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 or "Mugging" takes place outside and in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force.
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 burglarized.
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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:
This requires evidence to prove a theft as set out in s.1(1) Theft Act, 1968.
The threat or use of force must take place immediately before or at the time of the theft intentionally or recklessly in order to commit it. Force used after the theft is complete will not turn the theft into a robbery. It may however constitute another criminal offence, such as assault.
The threat or use of force against the person must be made immediately before or at the time of the theft and in order to commit it. Where a threat of force is used it must amount to a threat of then and there subjecting the victim, or some other person to force.
A robbery would be committed if an aggressor forcibly snatched a mobile phone or if he used a knife to make an implied threat of violence to the holder and then took the phone. 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. The victim of the theft need not be the person who is threatened or assaulted.
A robbery would also be committed where the aggressor steals from a jeweller by threatening to assault a customer visiting the shop in order to force the jeweller to hand over his stock. A threat must be immediate - a threat that the victim will then and there be subjected to force.
A theft accompanied by a threat to damage property in order to commit it will not constitute robbery, but may (depending on the other requirements of that offence) disclose an offence of blackmail.
Property stolen during a robbery remains stolen and thus its disposal or realization etc will still constitute an offence of handling stolen property.
Following R v Mitchell (2005) All ER (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.
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.
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.
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.
During the English Civil War, Cromwell's supporters castigated Prince Rupert by calling him "Prince Robber".
- 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