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Robbery

Robbery

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault.[1] Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic raub "theft".

Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or 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. Extortion is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions.

Criminal slang for robbery includes "blagging" (armed robbery, usually of a bank) or "stick-up" (derived from the verbal command to robbery targets to raise their hands in the air), and "steaming" (organized robbery on underground train systems).

Canada

In Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences.[2]

Republic of Ireland

Robbery is a statutory offence in the Republic of Ireland. It is created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001, which provides:

A person is guilty of robbery if he or she 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.[3]

United Kingdom

England and Wales

Robbery is a statutory offence in England and Wales.[4] It is created by section 8(1) of the Theft Act 1968 which reads:

A person is guilty of robbery if he 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.[5]

Aggravated theft

Robbery is the only offence of aggravated theft.[6]

Aggravated robbery

There are no offences of aggravated robbery.[6]

"Steals"

This requires evidence to show a theft as set out in section 1(1) of the Theft Act 1968. In R v Robinson[7] the defendant threatened the victim with a knife in order to recover money which he was actually owed. His conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief (under Section 2(1)(a) of the Act) in his legal right to the money. See also R v Skivington [1968] 1 QB 166, [1967] 2 WLR 655, 131 JP 265, 111 SJ 72, [1967] 1 All ER 483, 51 Cr App R 167, CA.

In R v Hale (1978)[8] the application of force and the stealing took place in different locations, and it was not possible to establish the timing; it was held that the appropriation necessary to prove theft was a continuing act, and the jury could correctly convict of robbery. This approach was followed in R v Lockley (1995)[9] when the force was applied to a shopkeeper after property had been taken. It was argued that the theft should be regarded as complete by this time, and R v Gomez (1993),[10] should apply; the court disagreed, preferring to follow R v Hale.

Actual or threatened force against a person

The threat or use of force must take place immediately before or at the time of the theft. Force used after the theft is complete will not turn the theft into a robbery.

The words "or immediately after" that appeared in section 23(1)(b) of the Larceny Act 1916 were deliberately omitted from section 8(1).[11]

The book Archbold said that the facts in R v Harman,[12] which did not amount to robbery in 1620, would not amount to robbery now.[13]

It was held in R v Dawson and James (1978)[14] that "force" is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden (1985)[15] and Corcoran v Anderton (1980),[16] both handbag-snatching cases. Stealing may involve a young child who is not aware that taking other persons' property is not in order.

Threat

The victim must be placed in apprehension or fear that force would be used immediately before or at the time of the taking of the property. A threat is not immediate if the wrongdoer threatens to use force of violence some future time.

Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took the phone. The person being threatened does not need to be the owner of the property. It is not necessary that the victim was actually frightened, but the defendant must have put or sought to put the victim or some other person in fear of immediate force.[17]

The force or threat may be directed against a third party, for example a customer in a jeweller's shop.[18] Theft accompanied by a threat to damage property will not constitute robbery, but it may disclose an offence of blackmail.

Dishonestly dealing with property stolen during a robbery will constitute an offence of handling.

Mode of trial

Robbery is an indictable-only offence.[19]

Sentence

Under current sentencing guidelines, the punishment for robbery is affected by a variety of aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much culpability the offender had (e.g. carrying a weapon or leading a group effort implies high culpability). Robbery is divided into three categories which are, in increasing order of seriousness: street or less sophisticated commercial; dwelling; and professionally-planned commercial.[20]

Robbery generally results in a custodial sentence. Only a low-harm, low-culpability robbery with other mitigating factors would result in an alternative punishment, in the form of a high level community order.[20] The maximum legal punishment is imprisonment for life.[21] It is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003. Current sentencing guidelines advise that the sentence should be no longer than 20 years, for a high-harm, high-culpability robbery with other aggravating factors.

The "starting point" sentences are:

  • Low-harm, low-culpability street robbery: 1 year

  • Medium-harm, medium-culpability street robbery: 4 years

  • Medium-harm, medium-culpability professionally-planned robbery: 5 years

  • High-harm, high-culpability street robbery: 8 years

  • High-harm, high-culpability professionally-planned robbery: 16 years[20]

An offender may also serve a longer sentence if they are convicted of other offences alongside the robbery, such as assault and grievous bodily harm.

History

Common law

Robbery was an offence under the common law of England. Matthew Hale provided the following definition:

Robbery is the felonious and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling.[22]

See the statutes 23 Hen 8 c 1 and 5 & 6 Edw 6 c 9 as to benefit of clergy. And also 25 Hen 8 c 3 and 1 Edw 6 c 12. And also 29 Eliz c 15 and 3 & 4 W & M c 9.

The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969[23] by section 32(1)(a) of the Theft Act 1968.

Statute

See sections 40 to 43 of the Larceny Act 1861.

Section 23 of the Larceny Act 1916 read:

23.-(1) Every person who - (a) being armed with any offensive weapon or instrument, or being together with one other person or more, robs, or assaults with intent to rob, any person; (b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person; shall be guilty of felony and on conviction thereof liable to penal servitude for life, and, in addition, if a male, to be once privately whipped. (2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years. (3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years.

This section provided maximum penalties for a number of offences of robbery and aggravated robbery.[6]

The following cases relate to the use of force:

  • R v Lapier (1784) 1 Leach 320

  • R v Moore (1784) 1 Leach 335

  • R v Davies (1803) 2 East PC 709

  • R v Mason (1820) R & R 419

  • R v Gnosil (1824) 1 C & P 304

  • R v Walls and Hughes (1845) 2 C & K 214

Assault with intent to rob

If a robbery is foiled before it can be completed, an alternative offence (with the same penalty, given by section 8(2) of the 1968 Act) is assault; any act which intentionally or recklessly causes another to fear the immediate and unlawful use of force, with an intent to rob, will suffice.

The following cases are relevant:

  • R v Trusty and Howard (1783) 1 East PC 418

  • R v Sharwin (1785) 1 East PC 421

Mode of trial and sentence

Assault with intent to rob is an indictable-only offence.[19] It is punishable with imprisonment for life or for any shorter term.[24]

Assault with intent to rob is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003.

Northern Ireland

Robbery is a statutory offence in Northern Ireland. It is created by section 8 [40] of the Theft Act (Northern Ireland) 1969.

United States

In the United States, robbery is generally treated as an aggravated form of common law larceny. Specific elements and definitions differ from state to state. The common elements of robbery are:

  1. a trespassory

  2. taking and

  3. carrying away

  4. of the personal property

  5. of another

  6. with the intent to steal

  7. from the person or presence of the victim

  8. by force or threat of force.[25]

The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery.

from the person or presence of the victim – robbery requires that the property be taken directly from the person of the victim or from their presence. This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings.[26] Property is in a person's presence when it is within the area of their immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation.[26]

by force or threat of force – the use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating the theft.[27] Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person.

For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation. The threat need not be directed at the victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean "fright",[26] it means apprehension – an awareness of the danger of immediate bodily harm.

California

The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A).[28]

The threat or use of force does not have to take place immediately before or at the time of the theft.[29] Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property.[30]

Robbery statistics

Robberies, by country

The United Nations Office on Drugs and Crime notes "that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between the legal definitions of offences in countries, or the different methods of offence counting and recording". Also not every single crime is reported, meaning two things; (1) robbery rates are going to appear lower than they actually are and; (2) the percentage of crime that is not reported is going to be higher in some countries then others, for example – in one country 86% of the robberies were reported, whereas in another country only 67% of the robberies were reported. The last thing to note is that crime will vary by certain neighborhoods or areas in each country, so, just because a nationwide rate is a specified rate, does not mean that everywhere in that country retains the same amount of danger or safety.

Robberies by Country[31]
CountryRobberiesRate (per 100,000 inhabitants)Year
Belgium191,1261,728.12012
Spain502,5461,074.92012
Mexico746,894618.02012
Costa Rica25,066521.62012
Brazil979,571493.12012
Nicaragua28,429488.32010
Chile81,664467.62012
Uruguay15,414454.02012
Ecuador52,655375.52006
Trinidad and Tobago4,436331.72012
Swaziland3,392309.82004
Panama*10,038264.02012
Honduras17,980226.62012
Paraguay15,006224.42012
Barbados555196.02012
France*123,814193.72012
Maldives597190.22008
Guyana1,401176.12012
Portugal18,514174.62012
Colombia82,620173.22012
Peru48,785168.62009
Saint Kitts and Nevis87162.42010
Saint Vincent and the Grenadines170155.52011
Belize447141.32011
Bolivia14,411137.32012
Kazakhstan20,259124.52012
Botswana2,461123.92011
Bermuda77122.22004
United Kingdom (England and Wales)65,156116.22012
United States354,520111.72012
Italy62,641102.92012
Bahamas369100.72011
Jamaica2,771100.12012
Sweden9,21396.92012
Russian Federation127,77289.12011
Netherlands*14,75088.22012
El Salvador5,52187.72012
Grenada8984.42012
Morocco25,93582.92009
Malaysia21,41981.42006
Canada27,68079.52012
Luxembourg39877.12011
Israel6,07676.02012
Zimbabwe8,79668.82008
Guatemala9,53968.22009
Mauritius81465.92011
Lesotho1,27063.82009
Lithuania1,92363.52012
Ireland2,81861.62012
Malta*25760.12012
Belarus5,72260.12009
Germany48,71158.82012
United Kingdom (Northern Ireland)1,04057.42012
Greece5,99253.92012
Denmark2,98753.42012
Ukraine23,30050.62010
Austria4,09248.32012
New Zealand2,08646.82012
Latvia94345.82012
Kyrgyzstan2,43445.02011
Burundi4,26644.72011
Poland16,68543.72012
Bulgaria2,95540.62012
Sri Lanka7,94340.22004
Serbia3,79139.72012
Croatia1,58836.92012
Switzerland2,74636.42011
Estonia45735.42012
United Kingdom (Scotland)1,83234.62012
Czech Republic3,41632.02012
Hungary3,03630.42012
Finland1,61629.92012
Norway*1,48429.72012
Philippines*26,98827.92012
Algeria*10,70927.82012
Bahrain30627.42008
Bosnia and Herzegovina1,01026.32012
Kuwait65723.12009
Mozambique5,26722.52009
North Macedonia46922.32012
Dominican Republic2,09120.32012
Mongolia53619.52011
Senegal2,50319.32010
Slovenia39118.92012
Slovakia97417.92012
Uganda5,98517.62010
Australia3,83916.92011
Iceland5015.32012
Cyprus17315.32012
Jordan80214.82006
Romania3,19314.72012
Georgia63814.52010
Liechtenstein513.62012
Turkey7,69510.92008
Armenia31010.42012
Solomon Islands5210.32008
Albania32610.32012
Oman2559.82008
Hong Kong6168.62012
Andorra67.72012
Kenya3,2627.62012
Singapore2905.52012
South Korea2,5865.32012
Indonesia12,3555.02012
Moldova1674.82012
Syria8704.32008
Tajikistan2883.72011
Lebanon1463.62006
Egypt2,6733.42011
Sierra Leone1843.32008
Côte d'Ivoire5913.22008
Turkmenistan1412.92006
Qatar212.92004
Japan3,6582.92012
Azerbaijan2522.72012
Yemen4422.02009
India23,3931.92010
Nigeria2,9881.82012
Guinea1511.52007
Montenegro71.12012
Thailand5000.82010
Bangladesh8560.62006
Nepal1480.62006
São Tomé and Príncipe10.52011
Brunei Darussalam20.52006
United Arab Emirates450.52012
Rwanda270.22012

Homicides during a robbery, by country

Robbery Murders by Country[32]
Country% Of Homicides w/ Robbery MotiveRobbery Homicide Rate (per 100,000 inhabitants)Robbery HomicidesYear of Data
Bahamas11.0%3.82142011
Dominican Republic27.6%6.106262012
Grenada7.1%0.9412012
Jamaica36.5%15.004142011
Trinidad and Tobago14.8%3.91522011
Costa Rica16.2%1.38662012
El Salvador0.9%0.37232012
Panama8.9%1.53582012
Canada7.9%0.12422011
United States5.0%0.247332011
Colombia3.6%1.215692011
Guyana16.9%2.77222011
Uruguay15.6%0.92312011
Japan8.4%0.03372011
Mongolia0.0%0.0002011
South Korea8.0%0.07342011
Singapore6.3%0.0212011
Armenia5.6%0.1032012
Azerbaijan2.1%0.0442010
Cyprus22.2%0.1822011
Georgia0.5%0.0212010
Bulgaria5.0%0.1072012
Czech Republic4.7%0.0442011
Finland1.8%0.0422011
Iceland0.0%0.0002012
Albania2.1%0.0932011
Bosnia and Herzegovina0.0%0.0002011
Croatia0.0%0.0002012
Italy5.1%0.05282011
Montenegro4.8%0.1612011
Spain3.0%0.02112012
Macedonia3.3%0.0512011
Austria4.2%0.0332011
Germany9.4%0.08622011
Luxembourg25.0%0.2012011
Switzerland2.2%0.0112011
Australia3.0%0.0482009

Robberies have been depicted, sometimes graphically, in various forms of media, and several robbers have become pop icons, such as Bonnie and Clyde and John Dillinger. Examples of media works focused on robberies include:

In film

  • The Killing (1956), by Stanley Kubrick, depicts a graphic robbery.

  • Wake Up and Die (1966) is an Italian crime drama film directed by Carlo Lizzani, based on the real life of Luciano Lutring ("il solista del mitra", translation: "the submachine soloist"), who kept his weapon in a violin case.[33]

  • Take the Money and Run (1969), by Woody Allen, depicts an unconventional view of a robbery by an incompetent robber.

  • Le Gitan (1975), directed by José Giovanni, is loosely based on Luciano Lutring's autobiography. Lutring is played by Alain Delon.[33]

  • Dog Day Afternoon (1975) depicts a bank robbery which escalates to a hostage situation.

  • Reservoir Dogs (1992), by Quentin Tarantino, shows the aftermath of a robbery, with an abundance of lurid details.

In literature

  • Luciano Lutring (30 December 1937 – 13 May 2013), known as "the submachine gun soloist" because he kept the weapon in a violin case, used that moniker as the title of his memoir Il solista del mitra. He was an Italian criminal, author, and painter who, when committing robberies, worked alone (which is rather rare for a robber).[34]

  • Lionel White's Bloodhound mysteries novel, No.116, Clean Break (1955)[35] was the basis for Stanley Kubrik's film The Killing (1956).[36]

In video games

Video games Payday: The Heist and Payday 2 are both games by Overkill Software where one of the main objectives is to steal items of monetary value at places such as banks, art galleries, armored trucks, and more. [37]

See also

  • Aircraft hijacking

  • Art theft

  • Balaclava (clothing)

  • Bank robbery

  • Brigandage

  • Bushranger

  • Convenience store crime

  • Dacoit

  • Flash mob robbery

  • Gangs in the United States

  • Hajduk

  • Highwayman

  • Home invasion

  • Klepht

  • Looting

  • Mafia

  • Marauder (disambiguation)

  • Metal theft

  • Millionaire tour

  • Organized retail crime

  • Outlaw

  • Piracy

  • Shanlin

  • Snapphane

  • Snatch theft

  • Train robbery

  • Truck hijacking

References

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