Editing Robbery (section)

==By country==
=== Canada ===

In Canada, the [[Criminal Code (Canada)|Criminal Code]] makes robbery an [[indictable offence]], subject to a maximum penalty of [[Life imprisonment in Canada|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.<ref>[[Criminal Code (Canada)|''Criminal Code'']], [http://laws-lois.justice.gc.ca/eng/acts/C-46/page-177.html#docCont RSC 1985, c C-46, ss 343, 344.] {{Webarchive|url=https://web.archive.org/web/20151007033324/http://laws-lois.justice.gc.ca/eng/acts/C-46/page-177.html#docCont |date=2015-10-07 }}</ref>

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

{{Blockquote|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.<ref>[https://www.irishstatutebook.ie/eli/2001/act/50/section/14/enacted/en/html Digitised copy] {{Webarchive|url=https://web.archive.org/web/20150615063223/http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0014.html#sec14 |date=2015-06-15 }} of section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001. From the Office of the Attorney General.</ref>}}

=== United Kingdom ===

==== England and Wales ====
Robbery is a statutory offence created by section 8(1) of the [[Theft Act 1968]], which reads:
{{blockquote|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.<ref>[http://www.legislation.gov.uk/ukpga/1968/60/section/8 Digitised copy] {{Webarchive|url=https://web.archive.org/web/20110820073310/http://www.legislation.gov.uk/ukpga/1968/60/section/8 |date=2011-08-20 }} of section 8 of the Theft Act 1968, from Legislation.gov.uk.</ref>}}

=====Aggravated theft=====

Robbery is the only offence of aggravated theft.<ref name="Griew, Edward 1978. page 79">Griew, Edward. ''The Theft Acts 1968 and 1978''. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.</ref>

=====Aggravated robbery=====

There are no offences of aggravated robbery.<ref name="Griew, Edward 1978. page 79" />

===== "Steals" =====
This requires evidence to show a [[theft]] as set out in section 1(1) of the Theft Act 1968. In ''R v Robinson''<ref>R v Robinson [1977] Crim LR 173, CA</ref> 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)<ref>''R v Hale'' (1978) 68 Cr App R 415, [1979] Crim LR 596, [[Court of Appeal of England and Wales|CA]]</ref> 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)<ref>Crim LR 656</ref> 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),<ref>[1993] AC 442, House of Lords</ref> 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).<ref>The [[Criminal Law Revision Committee]]. Eighth Report. Theft and Related Offences. 1966. Cmnd 2977. Paragraph 65.</ref>

The book ''[[Archbold Criminal Pleading, Evidence and Practice|Archbold]]'' said that the facts in ''R v Harman'',<ref>''R v Harman'' (1620) 1 [[Historia Placitorum Coronæ|Hale]] [https://books.google.com/books?id=2KoDAAAAQAAJ&pg=PA534 534] {{Webarchive|url=https://web.archive.org/web/20160617124325/https://books.google.com/books?id=2KoDAAAAQAAJ&pg=PA534 |date=2016-06-17 }}, (1620) 2 Rolle 154, (1620) 81 [[English Reports|ER]] [http://www.commonlii.org/uk/cases/EngR/1676/218.pdf 721] {{Webarchive|url=https://web.archive.org/web/20131209024028/http://www.commonlii.org/uk/cases/EngR/1676/218.pdf |date=2013-12-09 }}</ref> which did not amount to robbery in 1620, would not amount to robbery now.<ref>''[[Archbold Criminal Pleading, Evidence and Practice]]'', 1999, para. 21-99 at p. 1772</ref>

It was held in ''R v Dawson and James'' (1978)<ref>''R v Dawson and James'' (1978) 68 Cr App R 170, CA</ref> 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)<ref>''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.</ref> and ''Corcoran v Anderton'' (1980),<ref>''Corcoran v Anderton'' (1980) 71 Cr App R 104, [1980] Crim LR 385, [[Divisional Court (England and Wales)|DC]]</ref> 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.<ref>''R v Khan'' LTL (9 April 2001) and Archbold 2006 21-101.</ref>

The force or threat may be directed against a third party, for example a customer in a jeweller's shop.<ref>''Smith v Desmond'' [1965] HL</ref> Theft accompanied by a threat to damage property does not constitute robbery, but it may disclose an offence of [[blackmail]].

Dishonestly dealing with property stolen during a robbery constitutes an offence of [[Handling stolen goods|handling]].

===== Mode of trial =====
Robbery is an [[indictable-only offence]].<ref name="ReferenceA">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]].</ref>

===== Sentence =====
[[File:Courtois.jpg|right|thumb|[[Banditry|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.<ref name="sce&w">{{cite web |url=https://www.sentencingcouncil.org.uk/wp-content/uploads/Robbery-offences-definitive-guideline-web.pdf |title=Sentencing Council |publisher=Sentencing Council - Robbery: Definitive guidelines |access-date=2018-05-18 |archive-date=2016-08-02 |archive-url=https://web.archive.org/web/20160802004113/http://www.sentencingcouncil.org.uk/wp-content/uploads/Robbery-offences-definitive-guideline-web.pdf |url-status=live }}</ref>

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 service#Court ordered service|community order]].<ref name="sce&w"/> The maximum legal punishment is [[Life imprisonment in England and Wales|imprisonment for life]].<ref name=8-2>[[Theft Act 1968]], section 8(2)</ref> It is also subject to the mandatory sentencing regime under the [[Criminal Justice Act 2003#Dangerous offenders|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<ref name="sce&w"/>
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]].

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

{{Blockquote|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.<ref>1 Hale 532</ref>}}

The [[common law offence]] of robbery was abolished for all purposes not relating to offences committed before 1 January 1969<ref>[[Theft Act 1968]], section 35(1)</ref> 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:

{{Blockquote|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.<ref name="Griew, Edward 1978. page 79" />

===== 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 [[intention (criminal law)|intentionally]] or [[Recklessness (law)|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]].<ref name="ReferenceA" /> It is punishable with [[Life imprisonment in England and Wales|imprisonment for life]] or for any shorter term.<ref name=8-2/>

Assault with intent to rob is also subject to the mandatory sentencing regime under the [[Criminal Justice Act 2003#Dangerous offenders|Criminal Justice Act 2003]].

==== Northern Ireland ====
Robbery is a statutory offence in [[Northern Ireland]]. It is created by [http://www.legislation.gov.uk/apni/1969/16/section/8 section 8] of the [[Theft Act (Northern Ireland) 1969]].

=== United States ===
{{Main|Robbery laws in the 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
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.<ref>Lafave, Criminal Law 3rd ed. (West 2000) Sec. 8.11</ref>

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.<ref name="Lafave 2000">Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11</ref> 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.<ref name="Lafave 2000" />

'''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.<ref>Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11;Boyce & Perkins, Criminal Law, 3rd ed. (1992)</ref> 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|date=July 2018}}

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",<ref name="Lafave 2000" /> 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).<ref>{{cite web |url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215 |title=CALIFORNIA PENAL CODE SECTION 211-215 |access-date=2012-09-21 |archive-url=https://web.archive.org/web/20121023223508/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215 |archive-date=2012-10-23 |url-status=dead }}</ref>

The threat or use of force does not have to take place immediately before or at the time of the theft.<ref>''People v. Gomez'' (2008) 43 Cal.4th 249, 254.</ref> 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.<ref>''People v. Flynn'' (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902.</ref>