Robbery is the crime of seizing property through violence or intimidation. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise The Theft Act 1978 supplemented the earlier Deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A was a Samurai with no lord or master during the Feudal period (1185–1868 of Japan. For a topic outline on this subject see List of basic Japan topics. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Property is any physical or virtual entity that is owned by an individual Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes Intimidation (also called cowing) is intentional behavior "which would cause a person of ordinary sensibilities" fear of Injury or Harm. 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. [1] 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 grab 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. Embezzlement is the act of dishonestly appropriating or secreting assets usually financial in nature by one or more individuals to whom such assets have been entrusted In the United States, larceny is a Common law Crime involving Theft. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Piracy (robbery at sea) is a type of robbery. Piracy is Robbery committed at sea or sometimes on shore without a commission from a sovereign Nation (as distinct from Privateering Armed robbery involves the use of a weapon. A weapon is a Tool used either in Hunting, or attack or defence in Combat for the purpose of subduing enemy personnel or to destroy enemy weapons 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. Public is of or pertaining to the people relating to or affecting a nation state or community opposed to private; as the public treasury a road or lake Carjacking is the act of stealing a car from a victim by force. Carjacking is a Crime of stealing a motor vehicle when the vehicle is occupied Criminal slang for robbery includes "blagging" (armed robbery, usually of a bank), and "steaming" (organised robbery on underground train systems).
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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 Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India,
The elements of the offence are:
Steals
This requires evidence to prove a theft as set out in s. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given 1(1) Theft Act, 1968.
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 in order to commit it. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the Force used after the theft is complete will not turn the theft into a robbery. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given It may however constitute another criminal offence, such as assault. Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand,
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 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. The victim of the theft need not be the person who is threatened or assaulted. It is not necessary to prove that the victim was actually frightened. The prosecution must prove that the defendant put or sought to put the victim or some other person of being then and there subjected to force. [2]
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. Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the
Property stolen during a robbery remains stolen and thus its disposal or realization etc will still constitute an offence of handling stolen property. In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise
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 issued new draft guidelines concerning robbery [3]. See below for difinitive guidelines re robbery.
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. Intention (criminal|Intentions An agent 's intention in performing an action is his or her specific Purpose in doing so the end In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the 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.
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. The Criminal Justice Act 2003 (2003 c44 is a wide ranging Act of Parliament introduced to modernise many areas of the Criminal justice system in England On the 25 July 2006 the Sentencing Guidelines Council published Definitive Guideline on Robbery [4]
Etymology
The word "rob" came via French from Late Latin words (e. The Sentencing Guidelines Council is a Non-Departmental Public Body of the UK, created by s French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Vulgar Latin (in Latin sermo vulgaris, "folk speech" is a Blanket term covering the popular Dialects and Sociolects of the Latin 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. The Germanic languages are a group of related languages that constitute a branch of the Indo-European (IE Language family. Clothing (also called clothes, accoutrements, accouterments, or habiliments) protects the Human body from extreme Weather
During the English Civil War, Cromwell's supporters castigated Prince Rupert by calling him "Prince Robber". The English Civil War (1642-1651 was a series of armed conflicts and political machinations between Parliamentarians and Royalists. Rupert Count Palatine of the Rhine Duke of Bavaria (German Ruprecht Pfalzgraf bei Rhein Herzog von Bayern) commonly called Prince Rupert of the Rhine, (17
References
- ^ Carter, Floyd J. vs U.S. (June 12, 2000). Events 1381 - Peasants' Revolt: in England, rebels arrive at Blackheath. 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Retrieved on 2008-05-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1256 - The Augustinian monastic order is constituted at the Lecceto Monastery when Pope Alexander IV
- ^ R v Khan LTL (9 April 2001) and Archbold 2006 21-101.
- ^ Consultations re Sentencing Guidelines Council: Robbery
- ^ Sentencing Guidelines Council
Bibliography
- Allen, Michael. Jacques Courtois (also called ' il Borgognone' or Giacomo Borgognone) ( 1621 - May 20, 1676 ? was a French painter MARAUDER is or was a United States Government research project (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
See also
- Bank robbery
- Snatch theft
- Highwayman
- Pirate
- Vigilante
- Outlaw
- Hajduk
- Brigandage
- Shanlin
- Thug
- Dacoit
- Feud
- Mafia
- Gangs
- Klepht
- Looting
- Marauder
External links
Bank robbery is the Crime of robbing a Bank. It is also called a bank heist, especially in the United States. In Malaysia and Southeast Asia in general snatch theft is a Criminal act of forcefully stealing from a pedestrian's person while employing The word highwayman is first attested from the year 1617 The term "highwayman" is mainly applied to robbers who travelled on horseback as opposed to those who robbed on foot Piracy is Robbery committed at sea or sometimes on shore without a commission from a sovereign Nation (as distinct from Privateering A vigilante is a person who ignores Due process of law and enacts their own form of Justice in response to a perception of insufficient response by the An outlaw or bandit is a person living the lifestyle of outlawry; the word literally means "outside the Law " by folk-etymology from the original Hajduk (or haiduk, haiduc, hayduck, hayduk) is a term most commonly referring to Outlaws highwaymen or Freedom fighters Brigandage refers to the life and practice of brigands Highway robbery and Plunder. The term shanlin 山林 means literally "mountain and forest" in Chinese and was frequently used to describe Bandits in Manchuria from the time of the The word Dacoity is the anglicized version of the Indian word dakaitee (डकैती or ڈکیتی or ডাকাতি which comes from A feud (ˈfjuːd (referred to in more extreme cases as a blood feud or vendetta) is a long-running argument or fight between parties&mdashoften through Guilt The Mafia (also known as Cosa Nostra) is a Sicilian Criminal Secret society which is believed to have first developed in the mid-19th century Street Gangs in the United States are usually portrayed by the media as gun-toting youths engaged in disputes over territory and disrespect Klephts ( Greek κλέφτης, pl κλέφτες - kleftis, kleftes, which originally meant just "thieves" Looting ( Hindi lūṭ akin to Sanskrit luṭhati steals also Latin latro, latronis MARAUDER is or was a United States Government research projectDapyx Software network: MP3 Explorer | Ebook Manager | Zenithic