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Failure Robbery
1 Views • Oct 16, 2015
Description
"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 or threat of force or by putting the victim in fear. At 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.[2] Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting 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 involving use of a weapon and aggravated robbery involving use of 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).
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
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[edit]
This requires evidence to prove 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.
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.
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 he used a knife to make
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