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Wikipedia

Robbery

January 19, 2023

For other uses, see Robbery (disambiguation).
"Robber", "Holdup", and "Stick up" redirect here. For other uses, see Robber (disambiguation), Holdup (disambiguation), and Stick up (disambiguation).

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of 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 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.[4]

Aggravated theft

Robbery is the only offence of aggravated theft.[5]

Aggravated robbery

There are no offences of aggravated robbery.[5]

"Steals"

This requires evidence to show a theft as set out in section 1(1) of the Theft Act 1968. In R v Robinson[6] 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)[7] the application of force and the stealing took place in many 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)[8] 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),[9] 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).[10]

The book Archbold said that the facts in R v Harman,[11] which did not amount to robbery in 1620, would not amount to robbery now.[12]

It was held in R v Dawson and James (1978)[13] 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)[14] and Corcoran v Anderton (1980),[15] 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.[16]

The force or threat may be directed against a third party, for example a customer in a jeweller's shop.[17] 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.[18]

Sentence

 
Marauders attacking a group of travellers, by Jacques Courtois

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.[19]

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.[19] The maximum legal punishment is imprisonment for life.[20] 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[19]

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

 
"The Eveleigh Payroll Heist" in 1914 was committed in the middle of the day in a busy area, and has been reported to be the first robbery in Australia where a getaway car was used.
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.[21]

The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969[22] 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.[5]

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.[18] It is punishable with imprisonment for life or for any shorter term.[23]

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 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.[24]

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.[25] 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.[25]

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.[26] 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.[citation needed]

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",[25] 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).[27]

The threat or use of force does not have to take place immediately before or at the time of the theft.[28] 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.[29]

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. A 1983 study by the Department of Justice estimated that the amount of robberies in the US at schools alone may reach one million a year, exceeding the National Crime Survey reported estimate.[30][31]

Homicides during a robbery, by country

In popular culture

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

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).[35]
  • Lionel White's Bloodhound mysteries novel, No.116, Clean Break (1955)[36] was the basis for Stanley Kubrik's film The Killing (1956).[37]

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.[38]

See also

References

  1. ^ June 12, 2000. Archived from the original on September 3, 2006. Retrieved 2008-05-04.
  2. ^ Criminal Code, RSC 1985, c C-46, ss 343, 344. 2015-10-07 at the Wayback Machine
  3. ^ Digitised copy 2015-06-15 at the Wayback Machine of section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001. From the Office of the Attorney General.
  4. ^ Digitised copy 2011-08-20 at the Wayback Machine of section 8 of the Theft Act 1968, from Legislation.gov.uk.
  5. ^ a b c Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.
  6. ^ R v Robinson [1977] Crim LR 173, CA
  7. ^ R v Hale (1978) 68 Cr App R 415, [1979] Crim LR 596, CA
  8. ^ Crim LR 656
  9. ^ [1993] AC 442, House of Lords
  10. ^ The Criminal Law Revision Committee. Eighth Report. Theft and Related Offences. 1966. Cmnd 2977. Paragraph 65.
  11. ^ R v Harman (1620) 1 Hale 534 2016-06-17 at the Wayback Machine, (1620) 2 Rolle 154, (1620) 81 ER 721 2013-12-09 at the Wayback Machine
  12. ^ Archbold Criminal Pleading, Evidence and Practice, 1999, para. 21-99 at p. 1772
  13. ^ R v Dawson and James (1978) 68 Cr App R 170, CA
  14. ^ R v Clouden, unreported (C.A. No. 3897, 4 February 1985). For details see Griew, Edward. The Theft Acts 1968 and 1978. Fifth Edition. Sweet and Maxwell. 1986. Paragraphs 3-04 and 3-05 at page 80.
  15. ^ Corcoran v Anderton (1980) 71 Cr App R 104, [1980] Crim LR 385, DC
  16. ^ R v Khan LTL (9 April 2001) and Archbold 2006 21-101.
  17. ^ Smith v Desmond [1965] HL
  18. ^ a b This is the effect of section 8(2) of the Theft Act 1968 and paragraph 28(a) of Schedule 1 to the Magistrates' Courts Act 1980.
  19. ^ a b c "Sentencing Council" (PDF). Sentencing Council - Robbery: Definitive guidelines. (PDF) from the original on 2016-08-02. Retrieved 2018-05-18.
  20. ^ The Theft Act 1968, section 8(2)
  21. ^ 1 Hale 532
  22. ^ Theft Act 1968, section 35(1)
  23. ^ The Theft Act 1968, section 8(2)
  24. ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec. 8.11
  25. ^ a b c Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11
  26. ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11;Boyce & Perkins, Criminal Law, 3rd ed. (1992)
  27. ^ . Archived from the original on 2012-10-23. Retrieved 2012-09-21.
  28. ^ People v. Gomez (2008) 43 Cal.4th 249, 254.
  29. ^ People v. Flynn (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902.
  30. ^ "Robbery in the United States - an Analysis of Recent Trends and Patterns | Office of Justice Programs".
  31. ^ Siegel, Larry J.; Welsh, Brandon C. (January 2014). Juvenile Delinquency: Theory, Practice, and Law. ISBN 9781285974705.
  32. ^ Crime and criminal justice statistics 2014-05-15 at the Wayback Machine, used table: robbery 2014-05-25 at the Wayback Machine. Retrieved May-24-2014
  33. ^ UNODC Homicide Statistics 2013 2014-05-21 at the Wayback Machine, used two tables: Homicide counts and rates, time series 2000–2012 2014-06-24 at the Wayback Machine & Homicide victims killed during robbery as percentage of total homicide victims, time series 2005–2012 2014-05-21 at the Wayback Machine. Retrieved May-24-2014
  34. ^ a b Piero Colaprico (13 May 2013). "Milano, è morto Luciano Lutring: lo chiamavano 'il solista del mitra'". La Repubblica. from the original on 6 October 2014. Retrieved 13 May 2013.
  35. ^ "Morto Luciano Lutring, l'ex bandito divenuto scrittore e artista" (in Italian). from the original on 2016-10-21. Retrieved 2016-09-19.
  36. ^ White, Lionel (1955). Clean Break (First ed.). Dutton. p. 189. ASIN B0000CJAQV.
  37. ^ Weiler, A.H. (May 21, 1956). "Movie Review: The Killing (1956); SCREEN: 'The Killing'; New Film at the Mayfair Concerns a Robbery". The New York Times. from the original on August 16, 2017. Retrieved March 3, 2017.
  38. ^ "OVERKILL Software". from the original on 2022-04-12. Retrieved 2022-04-25.

Further reading

 
Wikimedia Commons has media related to Robbery.
  • 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. London: LexisNexis. ISBN 0-406-89545-7

External links

 
Look up robbery, robber, or hold-up in Wiktionary, the free dictionary.

January 19, 2023
robbery, other, uses, disambiguation, robber, holdup, stick, redirect, here, other, uses, robber, disambiguation, holdup, disambiguation, stick, disambiguation, examples, perspective, this, article, deal, primarily, with, common, countries, particularly, canad. For other uses see Robbery disambiguation Robber Holdup and Stick up redirect here For other uses see Robber disambiguation Holdup disambiguation and Stick up disambiguation The examples and perspective in this article deal primarily with common law countries particularly Canada the Republic of Ireland the United Kingdom and the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate August 2022 Learn how and when to remove this template message Robbery is the crime of taking or attempting to take anything of value by force threat of force or by use of 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 Contents 1 Canada 2 Republic of Ireland 3 United Kingdom 3 1 England and Wales 3 1 1 Aggravated theft 3 1 2 Aggravated robbery 3 1 3 Steals 3 1 4 Actual or threatened force against a person 3 1 5 Threat 3 1 6 Mode of trial 3 1 7 Sentence 3 1 8 History 3 1 8 1 Common law 3 1 8 2 Statute 3 1 9 Assault with intent to rob 3 1 9 1 Mode of trial and sentence 3 2 Northern Ireland 4 United States 4 1 California 5 Robbery statistics 5 1 Robberies by country 5 2 Homicides during a robbery by country 6 In popular culture 6 1 In film 6 2 In literature 6 3 In video games 7 See also 8 References 9 Further reading 10 External linksCanada EditIn 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 EditRobbery 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 EditEngland and Wales Edit Robbery is a statutory offence 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 4 Aggravated theft Edit Robbery is the only offence of aggravated theft 5 Aggravated robbery Edit There are no offences of aggravated robbery 5 Steals Edit This requires evidence to show a theft as set out in section 1 1 of the Theft Act 1968 In R v Robinson 6 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 7 the application of force and the stealing took place in many 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 8 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 9 should apply the court disagreed preferring to follow R v Hale Actual or threatened force against a person Edit 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 10 The book Archbold said that the facts in R v Harman 11 which did not amount to robbery in 1620 would not amount to robbery now 12 It was held in R v Dawson and James 1978 13 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 14 and Corcoran v Anderton 1980 15 both handbag snatching cases Stealing may involve a young child who is not aware that taking other persons property is not in order Threat Edit 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 16 The force or threat may be directed against a third party for example a customer in a jeweller s shop 17 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 Edit Robbery is an indictable only offence 18 Sentence Edit Marauders attacking a group of travellers by Jacques Courtois 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 19 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 19 The maximum legal punishment is imprisonment for life 20 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 19 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 Edit The Eveleigh Payroll Heist in 1914 was committed in the middle of the day in a busy area and has been reported to be the first robbery in Australia where a getaway car was used Common law Edit 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 21 The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969 22 by section 32 1 a of the Theft Act 1968 Statute Edit 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 5 Assault with intent to rob Edit 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 421Mode of trial and sentence Edit Assault with intent to rob is an indictable only offence 18 It is punishable with imprisonment for life or for any shorter term 23 Assault with intent to rob is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003 Northern Ireland Edit Robbery is a statutory offence in Northern Ireland It is created by section 8 of the Theft Act Northern Ireland 1969 United States EditIn 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 a trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force 24 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 25 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 25 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 26 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 citation needed 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 25 it means apprehension an awareness of the danger of immediate bodily harm California Edit The maximum sentence for robbery in California is 9 years according to Penal Code section 213 a 1 A 27 The threat or use of force does not have to take place immediately before or at the time of the theft 28 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 29 Robbery statistics EditRobberies by country Edit 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 A 1983 study by the Department of Justice estimated that the amount of robberies in the US at schools alone may reach one million a year exceeding the National Crime Survey reported estimate 30 31 Robberies by Country 32 Country Robberies Rate per 100 000 inhabitants YearBelgium 191 126 1 728 1 2012Spain 502 546 1 074 9 2012Mexico 746 894 618 0 2012Costa Rica 25 066 521 6 2012Brazil 979 571 493 1 2012Nicaragua 28 429 488 3 2010Chile 81 664 467 6 2012Uruguay 15 414 454 0 2012Ecuador 52 655 375 5 2006Trinidad and Tobago 4 436 331 7 2012Eswatini 3 392 309 8 2004Panama 10 038 264 0 2012Honduras 17 980 226 6 2012Paraguay 15 006 224 4 2012Barbados 555 196 0 2012France 123 814 193 7 2012Maldives 597 190 2 2008Guyana 1 401 176 1 2012Portugal 18 514 174 6 2012Colombia 82 620 173 2 2012Peru 48 785 168 6 2009Saint Kitts and Nevis 87 162 4 2010Saint Vincent and the Grenadines 170 155 5 2011Belize 447 141 3 2011Bolivia 14 411 137 3 2012Kazakhstan 20 259 124 5 2012Botswana 2 461 123 9 2011Bermuda 77 122 2 2004United Kingdom England and Wales 65 156 116 2 2012United States 354 520 111 7 2012Italy 62 641 102 9 2012Bahamas 369 100 7 2011Jamaica 2 771 100 1 2012Sweden 9 213 96 9 2012Russian Federation 127 772 89 1 2011Netherlands 14 750 88 2 2012El Salvador 5 521 87 7 2012Grenada 89 84 4 2012Morocco 25 935 82 9 2009Malaysia 21 419 81 4 2006Canada 27 680 79 5 2012Luxembourg 398 77 1 2011Israel 6 076 76 0 2012Zimbabwe 8 796 68 8 2008Guatemala 9 539 68 2 2009Mauritius 814 65 9 2011Lesotho 1 270 63 8 2009Lithuania 1 923 63 5 2012Ireland 2 818 61 6 2012Malta 257 60 1 2012Belarus 5 722 60 1 2009Germany 48 711 58 8 2012United Kingdom Northern Ireland 1 040 57 4 2012Greece 5 992 53 9 2012Denmark 2 987 53 4 2012Ukraine 23 300 50 6 2010Austria 4 092 48 3 2012New Zealand 2 086 46 8 2012Latvia 943 45 8 2012Kyrgyzstan 2 434 45 0 2011Burundi 4 266 44 7 2011Poland 16 685 43 7 2012Bulgaria 2 955 40 6 2012Sri Lanka 7 943 40 2 2004Serbia 3 791 39 7 2012Croatia 1 588 36 9 2012Switzerland 2 746 36 4 2011Estonia 457 35 4 2012United Kingdom Scotland 1 832 34 6 2012Czech Republic 3 416 32 0 2012Hungary 3 036 30 4 2012Finland 1 616 29 9 2012Norway 1 484 29 7 2012Philippines 26 988 27 9 2012Algeria 10 709 27 8 2012Bahrain 306 27 4 2008Bosnia and Herzegovina 1 010 26 3 2012Kuwait 657 23 1 2009Mozambique 5 267 22 5 2009North Macedonia 469 22 3 2012Dominican Republic 2 091 20 3 2012Mongolia 536 19 5 2011Senegal 2 503 19 3 2010Slovenia 391 18 9 2012Slovakia 974 17 9 2012Uganda 5 985 17 6 2010Australia 3 839 16 9 2011Iceland 50 15 3 2012Cyprus 173 15 3 2012Jordan 802 14 8 2006Romania 3 193 14 7 2012Georgia 638 14 5 2010Liechtenstein 5 13 6 2012Turkey 7 695 10 9 2008Armenia 310 10 4 2012Solomon Islands 52 10 3 2008Albania 326 10 3 2012Oman 255 9 8 2008Hong Kong 616 8 6 2012Andorra 6 7 7 2012Kenya 3 262 7 6 2012Singapore 290 5 5 2012South Korea 2 586 5 3 2012Indonesia 12 355 5 0 2012Moldova 167 4 8 2012Syria 870 4 3 2008Tajikistan 288 3 7 2011Lebanon 146 3 6 2006Egypt 2 673 3 4 2011Sierra Leone 184 3 3 2008Cote d Ivoire 591 3 2 2008Turkmenistan 141 2 9 2006Qatar 21 2 9 2004Japan 3 658 2 9 2012Azerbaijan 252 2 7 2012Yemen 442 2 0 2009India 23 393 1 9 2010Nigeria 2 988 1 8 2012Guinea 151 1 5 2007Montenegro 7 1 1 2012Thailand 500 0 8 2010Bangladesh 856 0 6 2006Nepal 148 0 6 2006Sao Tome and Principe 1 0 5 2011Brunei Darussalam 2 0 5 2006United Arab Emirates 45 0 5 2012Rwanda 27 0 2 2012Homicides during a robbery by country Edit Robbery Murders by Country 33 Country Of Homicides w Robbery Motive Robbery Homicide Rate per 100 000 inhabitants Robbery Homicides Year of DataBahamas 11 0 3 82 14 2011Dominican Republic 27 6 6 10 626 2012Grenada 7 1 0 94 1 2012Jamaica 36 5 15 00 414 2011Trinidad and Tobago 14 8 3 91 52 2011Costa Rica 16 2 1 38 66 2012El Salvador 0 9 0 37 23 2012Panama 8 9 1 53 58 2012Canada 7 9 0 12 42 2011United States 5 0 0 24 733 2011Colombia 3 6 1 21 569 2011Guyana 16 9 2 77 22 2011Uruguay 15 6 0 92 31 2011Japan 8 4 0 03 37 2011Mongolia 0 0 0 00 0 2011South Korea 8 0 0 07 34 2011Singapore 6 3 0 02 1 2011Armenia 5 6 0 10 3 2012Azerbaijan 2 1 0 04 4 2010Cyprus 22 2 0 18 2 2011Georgia 0 5 0 02 1 2010Bulgaria 5 0 0 10 7 2012Czech Republic 4 7 0 04 4 2011Finland 1 8 0 04 2 2011Iceland 0 0 0 00 0 2012Albania 2 1 0 09 3 2011Bosnia and Herzegovina 0 0 0 00 0 2011Croatia 0 0 0 00 0 2012Italy 5 1 0 05 28 2011Montenegro 4 8 0 16 1 2011Spain 3 0 0 02 11 2012Macedonia 3 3 0 05 1 2011Austria 4 2 0 03 3 2011Germany 9 4 0 08 62 2011Luxembourg 25 0 0 20 1 2011Switzerland 2 2 0 01 1 2011Australia 3 0 0 04 8 2009In popular culture EditThis section appears to contain trivial minor or unrelated references to popular culture Please reorganize this content to explain the subject s impact on popular culture providing citations to reliable secondary sources rather than simply listing appearances Unsourced material may be challenged and removed January 2019 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 Edit 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 34 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 Jose Giovanni is loosely based on Luciano Lutring s autobiography Lutring is played by Alain Delon 34 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 Edit 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 35 Lionel White s Bloodhound mysteries novel No 116 Clean Break 1955 36 was the basis for Stanley Kubrik s film The Killing 1956 37 In video games Edit 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 38 See also EditAircraft 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 hijackingReferences EditMatthew Hale Historia Placitorum Coronae 1736 1800 Edition Volume 1 Chapter XLVI Pages 532 to 538 Carter Floyd J vs U S June 12 2000 Archived from the original on September 3 2006 Retrieved 2008 05 04 Criminal Code RSC 1985 c C 46 ss 343 344 Archived 2015 10 07 at the Wayback Machine Digitised copy Archived 2015 06 15 at the Wayback Machine of section 14 of the Criminal Justice Theft and Fraud Offences Act 2001 From the Office of the Attorney General Digitised copy Archived 2011 08 20 at the Wayback Machine of section 8 of the Theft Act 1968 from Legislation gov uk a b c Griew Edward The Theft Acts 1968 and 1978 Sweet and Maxwell Fifth Edition 1986 Paragraph 3 01 at page 79 R v Robinson 1977 Crim LR 173 CA R v Hale 1978 68 Cr App R 415 1979 Crim LR 596 CA Crim LR 656 1993 AC 442 House of Lords The Criminal Law Revision Committee Eighth Report Theft and Related Offences 1966 Cmnd 2977 Paragraph 65 R v Harman 1620 1 Hale 534 Archived 2016 06 17 at the Wayback Machine 1620 2 Rolle 154 1620 81 ER 721 Archived 2013 12 09 at the Wayback Machine Archbold Criminal Pleading Evidence and Practice 1999 para 21 99 at p 1772 R v Dawson and James 1978 68 Cr App R 170 CA R v Clouden unreported C A No 3897 4 February 1985 For details see Griew Edward The Theft Acts 1968 and 1978 Fifth Edition Sweet and Maxwell 1986 Paragraphs 3 04 and 3 05 at page 80 Corcoran v Anderton 1980 71 Cr App R 104 1980 Crim LR 385 DC R v Khan LTL 9 April 2001 and Archbold 2006 21 101 Smith v Desmond 1965 HL a b This is the effect of section 8 2 of the Theft Act 1968 and paragraph 28 a of Schedule 1 to the Magistrates Courts Act 1980 a b c Sentencing Council PDF Sentencing Council Robbery Definitive guidelines Archived PDF from the original on 2016 08 02 Retrieved 2018 05 18 The Theft Act 1968 section 8 2 1 Hale 532 Theft Act 1968 section 35 1 The Theft Act 1968 section 8 2 Lafave Criminal Law 3rd ed West 2000 Sec 8 11 a b c Lafave Criminal Law 3rd ed West 2000 Sec 8 11 Lafave Criminal Law 3rd ed West 2000 Sec 8 11 Boyce amp Perkins Criminal Law 3rd ed 1992 CALIFORNIA PENAL CODE SECTION 211 215 Archived from the original on 2012 10 23 Retrieved 2012 09 21 People v Gomez 2008 43 Cal 4th 249 254 People v Flynn 2000 77 Cal App 4th 766 772 91 Cal Rptr 2d 902 Robbery in the United States an Analysis of Recent Trends and Patterns Office of Justice Programs Siegel Larry J Welsh Brandon C January 2014 Juvenile Delinquency Theory Practice and Law ISBN 9781285974705 Crime and criminal justice statistics Archived 2014 05 15 at the Wayback Machine used table robbery Archived 2014 05 25 at the Wayback Machine Retrieved May 24 2014 UNODC Homicide Statistics 2013 Archived 2014 05 21 at the Wayback Machine used two tables Homicide counts and rates time series 2000 2012 Archived 2014 06 24 at the Wayback Machine amp Homicide victims killed during robbery as percentage of total homicide victims time series 2005 2012 Archived 2014 05 21 at the Wayback Machine Retrieved May 24 2014 a b Piero Colaprico 13 May 2013 Milano e morto Luciano Lutring lo chiamavano il solista del mitra La Repubblica Archived from the original on 6 October 2014 Retrieved 13 May 2013 Morto Luciano Lutring l ex bandito divenuto scrittore e artista in Italian Archived from the original on 2016 10 21 Retrieved 2016 09 19 White Lionel 1955 Clean Break First ed Dutton p 189 ASIN B0000CJAQV Weiler A H May 21 1956 Movie Review The Killing 1956 SCREEN The Killing New Film at the Mayfair Concerns a Robbery The New York Times Archived from the original on August 16 2017 Retrieved March 3 2017 OVERKILL Software Archived from the original on 2022 04 12 Retrieved 2022 04 25 Further reading Edit Wikimedia Commons has media related to Robbery 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 amp 1978 London Sweet amp Maxwell London LexisNexis ISBN 0 406 89545 7External links Edit Look up robbery robber or hold up in Wiktionary the free dictionary Retrieved from https en wikipedia org w index php title Robbery amp oldid 1121733172, wikipedia, wiki, book, books, library,

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