Robbery
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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 is a type of robbery. Armed robbery involves the use of a 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.
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English law
Under s8 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:
Steals
This requires evidence to prove theft under s1 Act 1968.
Actual or threatened force against the person
The threat or use of force must be used immediately before or at the time of the stealing intentionally or recklessly to facilitate the stealing. Force used after the actus reus of theft is complete will only be threatening behaviour, assault, assault with intent to rob or a more serious offence against the person.
Puts or seeks to put anyone in fear
The threat or use of force against the person must also be made immediately before or at the time of the stealing and for the purpose of stealing. Where threats of force are used they must amount to threats of then and there, subjecting the victim, or some other person, to force. In other words, a robbery would occur if a mugger forcibly snatches a mobile phone or pulls out a dangerous knife to imply a threat of violence and then takes the phone. But if the defendant simply cuts the strap of a bag carried over the shoulder, this would not be robbery unless the owner is in fear. Note that the person suffering the theft need not be the person who is threatened or assaulted. A robbery would be committed where a robber steals from a jewellers shop by threatening a customer not the jeweller. By the same token, the threats must be live. For example, if a person was threatened with an assault the following day, this would not be robbery, although it might amount to an attempt, or blackmail or extortion. But threatening damage to property, no matter how valuable, will not be robbery, only blackmail or extortion. In the case of a "conveyance", if there is insufficient evidence to prove the theft element, the taking of a conveyance would be charged under s12 as a TWOC. Should the robber give the stolen property to another, e.g. a fence, this will potentially be the offence of handling.
For sentencing purposes, if a firearm, real or imitation, or another offensive weapon is used during the robbery, separate charges will be included on the indictment under the Firearms Act 1968 and other statutes to reflect the seriousness of the principal offence. 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.
Assault with intent to rob
Under s8(2) of the 1968 Act there must be an 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.
References
- Allen, Michael. (2005). Textbook on Criminal Law. Oxford: Oxford University Press. ISBN 0199279187.
- Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
- Griew, Edward. Theft Acts 1968 & 1978. London: Sweet & Maxwell. ISBN 0421199601
- Ormerod, David. (2005). Smith and Hogan Criminal Law, London: LexisNexis. ISBN 0406977305
- Smith, J. C. (1997). Law of Theft. London: LexisNexis. ISBN 0406895457