Robbery is the crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " of taking or attempting to take something of value by force or threat of force and 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.[1] Precise definitions of the offence may vary between jurisdictions. Robbery differs from simple theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is in its use of violence and intimidation.
The word "rob" came via French French is a Romance language spoken as a first language by about 136 million people worldwide. Around 190 million people speak French as a second language, and an additional 200 million speak it as an acquired foreign language. French speaking communities are present in 57 countries and territories. Most native speakers of the language live in from Late Latin Late Latin is the scholarly name for the written Latin of Late Antiquity. The English dictionary definition of Late Latin dates this period from the 3rd to the 6th centuries AD. extending in Spain to the 7th. This somewhat ambiguously defined period fits between Classical Latin and Medieval Latin. Although there is no scholarly certainty when words (e.g. deraubare) of Germanic The Germanic languages are a group of related languages that constitute a branch of the Indo-European language family. The common ancestor of all the languages in this branch is Proto-Germanic, spoken in approximately the mid-1st millennium BC in Iron Age northern Europe. Proto-Germanic, along with all of its descendants, is characterized by a origin, from Common Germanic raub
Among the types of robbery are piracy Piracy is a war-like act committed by private parties that engage in acts of robbery and/or criminal violence at sea. The term can include acts committed in other major bodies of water or on a shore. It does not normally include crimes committed against persons travelling on the same vessel as the perpetrator (e.g. one passenger stealing from, armed robbery involving use of a weapon A weapon is an instrument used for the purpose of causing harm or damage to persons, animals or structures. Weapons are used in hunting, attack, self-defense, or defense in combat and range from simple implements like clubs and spears to complicated modern machines such as intercontinental ballistic missiles. One who possesses or carries 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 and in a public Public is a word in the English language, either an adjective or a noun with these meanings:- "of or pertaining to the people; (adjective) "relating to, or affecting, a nation, state, or community"; opposed to "private"; (noun) "the people of a nation not affiliated with the government of that nation: the people" place such as a sidewalk, street, or parking lot. Carjacking Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction, which did not often include kidnapping of the driver, is the act of stealing a car from a victim by force. Extortion Extortion, outwresting, and/or exaction is a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual 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), and "steaming", or organised robbery on underground train systems.
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English law
Under section 8(1) of the Theft Act 1968 The Theft Act 1968 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. On 15 January 2007 the Fraud Act 2006 came into force repealing most of the offences of deception, robbery is an indictable only offence In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence). In trials for indictable offences, the accused normally has the right to a jury trial, unless 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.[2]
Steals
This requires evidence to prove a theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is as set out in s.1(1) Theft Act, 1968. In R v Robinson (1977),[3] 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.
In R v Hale (1979),[4] 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)[5] 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),[6] should apply; the court disagreed, preferring to follow R v Hale.
Actual or threatened force against a person
Threat or use of force must be immediate in the presence of the victim. Force used after the completion of theft In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is may not elevate theft to robbery, although another criminal offence, such as assault Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat of violence caused by an immediate show of force, may be found. It was held in R v Dawson and James (1978)[7] that "force" is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden (1987)[8] and Corcoran v Anderton (1980)[9], both handbag-snatching cases.
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 A mobile phone is an electronic device used for full duplex two-way radio telecommunications over a cellular network of base stations known as cell sites. Mobile phones differ from cordless telephones, which only offer telephone service within limited range through a single base station attached to a fixed land line, for example within a home or or if he 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.[10]
The force or threat may be directed against a third party, for example a customer in a jeweller's shop.(Smith v Desmond [1965] HL) Theft accompanied by a threat to damage property will not constitute robbery, but may 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 victim is met. This information is usually of an embarrassing, socially damaging, and/or incriminating nature. As the information is substantially true, the act of revealing the.
Dishonestly dealing with property stolen during a robbery will constitute an offence of handling.
Assault with intent to rob
If a robbery is foiled before it can be completed, an alternative offence under section 8(2) of the 1968 Act is assault; any act which intentionally An agent's intention in performing an action is his or her specific purpose in doing so, the end or goal that is aimed at, or intended to accomplish. Whether an action is successful or unsuccessful depends at least on whether the intended result was brought about. Other consequences of someone's acting are called unintentional. However, recent or recklessly In the criminal law, recklessness is one of the four possible classes of mental state constituting mens rea (the Latin for "guilty mind"). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both a mens rea and an actus reus, i.e., a person cannot be guilty for thoughts alone. There must causes another to fear the immediate and unlawful use of force, with an intent to rob, will suffice.
Jurisdiction and sentence
Marauders Marauder is an outlaw or mercenary paid or sustained by looting, but may also refer to: attacking a group of travellers, by Jacques CourtoisThe definition applies only to England and Wales, by Section 36 of the Theft act 1968.[2]
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 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. On the 25 July 2006 the Sentencing Guidelines Council published Definitive Guideline on Robbery.[11]
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 [12].
See also
- Aircraft hijacking Aircraft hijacking is the unlawful seizure of an aircraft either by an individual or by a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. However, there have been cases where the hijackers have flown the aircraft themselves. In at least one case, a plane was hijacked by the official pilot
- Art theft Many thieves are motivated by the fact that reasonably valuable art pieces are worth millions of dollars and weigh only a few kilograms, at most. Transportation is also trivial, assuming the thief is willing to inflict some damage to the painting by cutting it off the frame and rolling it up into a tube carrier. While most high-profile museums
- Bank robbery Bank robbery is the crime of stealing from a bank. According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, robbery is "the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear." By
- Brigandage Brigandage refers to the life and practice of brigands: highway robbery and plunder, and a brigand a person who usually lives in a gang and lives by pillage and robbery
- Burglary Burglary is a crime, the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary. To commit a burglary is to burgle (in British English) or burglarize (in American English)
- Carjacking Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction, which did not often include kidnapping of the driver,
- Convenience store crime
- Copper theft Metal theft is the theft of metal items on a large scale. These thefts usually increase when worldwide prices for scrap metal rise. In recent years, prices for metals have risen dramatically due to rapid industrialization in India and China. The metals most commonly stolen are copper, aluminum, brass, and bronze
- Dacoit
- Gangs in the United States
- Hajduk Hajduk is a term most commonly referring to outlaws, highwaymen or freedom fighters in the Balkans
- Highwayman A highwayman was a robber who preyed on travelers, particularly one who traveled by horse; those who robbed on foot were called footpads. Mounted robbers were widely considered to be socially superior to footpads. Such robbers operated in Great Britain and Ireland from the Elizabethan era until the early 19th century
- Home invasion Home invasion is the crime of entering a private and occupied dwelling, with the intent of committing a crime, often while threatening the resident of the dwelling. It is not a legally defined offense in the United States, but may be in Australia, and New Zealand, and applies even if entry is not forced. It can also apply if someone is invited
- Organized retail crime
- Outlaw In the common law of England, a "Writ of Outlawry" made the pronouncement Caput gerat lupinum with respect to its subject, using "head" to refer to the entire person (cf. "per capita") and equating that person with a wolf in the eyes of the law: Not only was the subject deprived of all legal rights of the law being &
- Klepht Klephts , were Greek bandits, anti-Ottoman insurgents and warlike mountain folk who lived in the countryside when Greece was a part of the Ottoman Empire. The klephts were descendants of Greeks who chose to retreat into the mountains to avoid Ottoman oppression rather than submit in the fifteenth century. They remained active as brigands into the
- Looting Looting , to rob, sacking, plundering, despoiling, despoliation or pillaging is the indiscriminate taking of goods by force as part of a military or political victory, or during a catastrophe or riot, such as during war, natural disaster, or rioting. The term is also used in a broader (some would argue metaphorical[citation needed]) sense, to
- Mafia The Mafia is a criminal society which emerged in mid 19th century Sicily. It is a loose association of criminal groups that share a common organizational structure and code of conduct. Each group, known as a "family", "association", "clan" or "cosca", claims sovereignty over a territory in which it operates
- Marauder Marauder is an outlaw or mercenary paid or sustained by looting, but may also refer to:
- Millionaire tour
- Piracy Piracy is a war-like act committed by private parties that engage in acts of robbery and/or criminal violence at sea. The term can include acts committed in other major bodies of water or on a shore. It does not normally include crimes committed against persons travelling on the same vessel as the perpetrator (e.g. one passenger stealing from
- Shanlin 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 Qing dynasty, because they knew the local wooded and mountainous terrain very well. Most operated in a fairly small district and took pains to maintain the goodwill of local peasants. As a
- Snatch theft
- Steaming
- Train robbery Train robbery is a type of robbery, in which the goal is to steal money or other valuables being carried aboard trains
- Bushranger Bushrangers, or bush rangers, originally referred to runaway convicts in the early years of the British settlement of Australia who had the survival skills necessary to use the Australian bush as a refuge to hide from the authorities
- Snapphane The Snapphane Movement was a 17th century pro-Danish guerrilla organization that fought against the Swedes in the Second Northern and Scanian Wars, primarily in the former eastern Danish provinces which in the course of these wars became southern Sweden
References
- ^ "Carter, Floyd J. vs U.S.". June 12, 2000. http://docket.medill.northwestern.edu/archives/000439.php. Retrieved 2008-05-04.
- ^ a b "Theft Act 1968, as revised". http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1968/cukpga_19680060_en_1. Retrieved 2009-01-31.
- ^ Crim LR 173
- ^ Crim LR 596, Court of Appeal
- ^ Crim LR 656
- ^ [1993] AC 442, House of Lords
- ^ 68 Cr App r 170
- ^ TBC
- ^ 71 Cr App R 104
- ^ R v Khan LTL (9 April 2001) and Archbold 2006 21-101.
- ^ Sentencing Guidelines Council
- ^ Consultations re Sentencing Guidelines Council: Robbery
Further reading
- 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. 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
Categories: Crimes This category includes articles on specific types and instances of crime. For articles on crime in general, see Category:Crime. Articles which only allege that a crime has occurred should not be included in these categories . For specific alleged crimes which have not been proven in a court of law, consider using Category:Scandals or a subcategory | Robbery | Illegal occupations Categories: Occupations | Judicial and penal systems people | Crime
Wed, 30 Jun 2010 08:05:55 GMT+00:00
TheDay.com Doe is serving a 22-year federal sentence for a bank robbery he committed in Raleigh, NC, around the same time. His 15-year sentence for the Connecticut ... Gunman gets 15 years in bank robberies Norwich Bulletin Man gets 15 years in Norwich, Waterford bank robberies Norwich Bulletin 'Wild man' sentenced for violent bank robberies TheDay.com (blog)
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Surveillance video captures images of two men robbing a Pizza Hut on West El Camino on Nov 13 Police say the two men are responsible for other robberies in the area Sacramento police are looking for two men believed to be responsible for three armed robberies in the past three weeks On Nov 13 the two robbed the Pizza Hut right photo at 604 W El Camino Ave The two men entered
Mary Abraham
Wed, 30 Dec 2009 15:00:46 GM
Pawtucket police have arrested an Attleboro man they believe robbed the Columbus Mini Mart twice this month.,
Q. What do you think ( Don`t shoot the messenger please) i know what i think!!!
Asked by Enigmatic`s Tia is watching you - Wed Mar 19 15:15:43 2008 - - 17 Answers - 0 Comments
A. i think its GREAT! the guy maybe realized it was wrong and fessed up so maybe hes learning his lesson like like he's suppose to- but 2 months for 305 robberies doesnt seem long enough. and if the guy didnt learn anything and was pretty much bragging then he needs longer then 2 added months. jail and prison are too easy on criminals anyways- its not as bad as ppl think.
Answered by L S - Wed Mar 19 15:27:04 2008
