This requires proof of theft under section 1(1) of the Theft Act 1968. In R. v. Robinson,[7] the accused threatened the victim with a knife to recover the money he was actually owed. His conviction for robbery was overturned on the basis that Robinson honestly believed, albeit unreasonably (under paragraph 2(1)(a) of the Act) in his legal right to 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. Each state`s laws may define robbery slightly differently, but each definition will contain the same basic elements. Robbery consists of: Simply put the victim in fear of bodily harm. Fear can be triggered by words or gestures, such as threatening the victim with a gun. The threat of direct bodily injury or death need not be directed against the owner of the property. It can be addressed to a family member of the owner, other relatives or even someone from the owner`s business. Violence or intimidation must occur before or simultaneously travel to constitute robbery.
Violence or intimidation after ingestion is not robbery. However, if the violence occurs so soon after ingestion that it is part of the same transaction, the violence is legally related to the ingestion. Violence or intimidation used after arrest and simply as a means of escape is not sufficient grounds for a charge of robbery. The United Nations Office on Drugs and Crime notes that “when using the figures, all cross-country comparisons should be made with caution because of differences in legal definitions of crime in countries or different methods of counting and recording crimes”. Not all crimes are reported either, which means two things; (1) robbery rates will appear lower than they actually are, and; (2) The percentage of unreported offences will be higher in some countries than, for example, in others – in one country, 86% of robberies were reported, while in another country, only 67% of robberies were reported. The last thing to note is that crime will vary from certain neighborhoods or areas in each country, so just because a national rate is a certain rate doesn`t mean the same danger or safety will stay everywhere in that country. Robbery is the crime of taking something of value through violence, threat of violence, or fear of the victim, or trying to take something of value. At common law, robbery is defined as the expropriation of another person`s property with the intent to permanently deprive that person of that property by force or fear; That is, it is a theft or theft carried out by an attack. [1] The exact definitions of the offence may vary by jurisdiction. Robbery differs from other forms of theft (such as burglary, shoplifting, pickpocketing or car theft) in its inherently violent nature (a violent crime); While many minor forms of theft are punished as misdemeanors, robbery is still a crime in jurisdictions that distinguish between the two. Under English law, most forms of theft are negotiable in both cases, while robbery can only be tried on charge. The word “rob” comes from French from late Latin words (e.g.
deraubare) of Germanic origin, from the common Germanic flight “flight”. The property does not have to be taken by the owner or holder of the legal title. The thief can rob someone who owns or keeps property, even if that person does not own it. The person who has been deprived of the property must have exercised control over it. In the United States, robbery is generally treated as a serious form of theft at common law. The specific elements and definitions differ from State to State. The most common elements of robbery are: Robbery was an offence under English common law. Matthew Hale gave the following definition: Robbery usually leads to imprisonment. Only robbery with little damage and little guilt and other mitigating factors would lead to an alternative punishment in the form of a high-level community order.
[20] The maximum penalty under the law is life imprisonment. [21] He is also subject to mandatory sentences under the Criminal Justice Act, 2003. Current penal guidelines recommend that the penalty for robbery resulting in high damage, culpability and other aggravating factors should not exceed 20 years. Types of robbery include armed robbery, where a firearm is used, and robbery, where a person brings a deadly weapon or something that appears to be a deadly weapon.