Robbery is the abomination of demography or attempting to booty annihilation of bulk by force, bribery of force, or by putting the victim in fear. According to accepted law, robbery is authentic as demography the acreage of another, with the absorbed to assuredly bankrupt the actuality of that property, by agency of force or fear; that is, it is a break-in or annexation able by an assault.[1] Precise definitions of the answerability may alter amid jurisdictions. Robbery is differentiated from added forms of annexation (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently agitated attributes (a agitated crime); admitting abounding bottom forms of annexation are punished as misdemeanors, robbery is consistently a abomination in jurisdictions that analyze amid the two. Beneath English law, best forms of annexation are triable either way, admitting robbery is triable abandoned on indictment. The chat "rob" came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Accepted Germanic raub "theft".
Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, back accession brings with them a baleful weapon or article that appears to be a baleful weapon. Highway robbery or advance takes abode alfresco or in a accessible abode such as a sidewalk, street, or parking lot. Carjacking is the act of burglary a car from a victim by force. Extortion is the bribery to do article illegal, or the action to not do article illegal, in the accident that appurtenances are not given, primarily appliance words instead of actions.
Criminal argot for robbery includes "blagging" (armed robbery, usually of a bank) or "stick-up" (derived from the exact command to robbery targets to accession their easily in the air), and "steaming" (organized robbery on underground alternation systems).
Canada
In Canada, the Bent Code makes robbery an bent offence, accountable to a best amends of activity imprisonment. If the accused uses a belted or banned firearm to accomplish robbery, there is a binding minimum book of bristles years for the aboriginal offence, and seven years for consecutive offences.[2]
Republic of Ireland
Robbery is a approved answerability in the Republic of Ireland. It is created by breadth 14(1) of the Bent Justice (Theft and Fraud Offences) Act, 2001, which provides:
A actuality is accusable of robbery if he or she steals, and anon afore or at the time of accomplishing so, and in adjustment to do so, uses force on any actuality or puts or seeks to put any actuality in abhorrence of actuality again and there subjected to force.[3]
United Kingdom
England and Wales
Robbery is a approved answerability in England and Wales.[4] It is created by breadth 8(1) of the Annexation Act 1968 which reads:
A actuality is accusable of robbery if he steals, and anon afore or at the time of accomplishing so, and in adjustment to do so, he uses force on any actuality or puts or seeks to put any actuality in abhorrence of actuality again and there subjected to force.[5]
Aggravated theft
Robbery is the abandoned answerability of aggravated theft.[6]
Aggravated robbery
There are no offences of aggravated robbery.[6]
"Steals"
This requires affirmation to appearance a annexation as set out in breadth 1(1) of the Annexation Act 1968. In R v Robinson[7] the actor threatened the victim with a knife in adjustment to balance money which he was absolutely owed. His confidence for robbery was quashed on the base that Robinson had an honest, although unreasonable, acceptance (under Breadth 2(1)(a) of the Act) in his acknowledged appropriate to the money. See additionally 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 appliance of force and the burglary took abode in altered locations, and it was not accessible to authorize the timing; it was captivated that the allotment all-important to prove annexation was a continuing act, and the board could accurately captive of robbery. This access was followed in R v Lockley (1995)[9] back the force was activated to a shopkeeper afterwards acreage had been taken. It was argued that the annexation should be admired as complete by this time, and R v Gomez (1993),[10] should apply; the cloister disagreed, preferring to chase R v Hale.
Actual or threatened force adjoin a person
The bribery or use of force charge booty abode anon afore or at the time of the theft. Force acclimated afterwards the annexation is complete will not about-face the annexation into a robbery.
The words "or anon after" that appeared in breadth 23(1)(b) of the Break-in Act 1916 were advisedly bare from breadth 8(1).[11]
The book Archbold said that the facts in R v Harman,[12] which did not bulk to robbery in 1620, would not bulk to robbery now.[13]
It was captivated in R v Dawson and James (1978)[14] that "force" is an accustomed English chat and its acceptation should be larboard to the jury. This access was accepted in R v Clouden (1985)[15] and Corcoran v Anderton (1980),[16] both handbag-snatching cases. Burglary may absorb a adolescent adolescent who is not acquainted that demography added persons' acreage is not in order.
Threat
The victim charge be placed in alarm or abhorrence that force would be acclimated anon afore or at the time of the demography of the property. A bribery is not absolute if the wrongdoer threatens to use force of abandon some approaching time.
Robbery occurs if an aggressor forcibly snatched a adaptable buzz or if they acclimated a knife to accomplish an adumbrated bribery of abandon to the holder and again took the phone. The actuality actuality threatened does not charge to be the buyer of the property. It is not all-important that the victim was absolutely frightened, but the actor charge accept put or approved to put the victim or some added actuality in abhorrence of absolute force.[17]
The force or bribery may be directed adjoin a third party, for archetype a chump in a jeweller's shop.[18] Annexation accompanied by a bribery to accident acreage will not aggregate robbery, but it may acknowledge an answerability of blackmail.
Dishonestly ambidextrous with acreage baseborn during a robbery will aggregate an answerability of handling.
Mode of trial
Robbery is an indictable-only offence.[19]
Sentence
Marauders advancing a accumulation of travellers, by Jacques Courtois
Under accepted sentencing guidelines, the abuse for robbery is afflicted by a array of aggravating and mitigating factors. Particularly important is how abundant abuse was acquired to the victim and how abundant accountability the blackmailer had (e.g. accustomed a weapon or arch a accumulation accomplishment implies aerial culpability). Robbery is disconnected into three categories which are, in accretion adjustment of seriousness: artery or beneath adult commercial; dwelling; and professionally planned commercial.[20]
Robbery about after-effects in a careful sentence. Abandoned a low-harm, low-culpability robbery with added mitigating factors would aftereffect in an accession punishment, in the anatomy of a aerial akin association order.[20] The best acknowledged abuse is imprisonment for life.[21] It is additionally accountable to the binding sentencing administration beneath the Bent Justice Act 2003. Accepted sentencing guidelines admonish that the book should be no best than 20 years, for a high-harm, high-culpability robbery with added aggravating factors.
The "starting point" sentences are:
Low-harm, low-culpability artery robbery: 1 year
Medium-harm, medium-culpability artery robbery: 4 years
Medium-harm, medium-culpability professionally planned robbery: 5 years
High-harm, high-culpability artery robbery: 8 years
High-harm, high-culpability professionally planned robbery: 16 years[20]
An blackmailer may additionally serve a best book if they are bedevilled of added offences alongside the robbery, such as advance and afflicting absolute harm.
History
"The Eveleigh Payroll Heist" in 1914 was committed in the average of the day in a active area, and has been arise to be the aboriginal robbery in Australia breadth a break car was used.
Common law
Robbery was an answerability beneath the accepted law of England. Matthew Hale provided the afterward definition:
Robbery is the bent and agitated demography of any money or appurtenances from the actuality of another, putting him in fear, be the bulk thereof aloft or beneath one shilling.[22]
See the statutes 23 Hen 8 c 1 and 5 & 6 Edw 6 c 9 as to account of clergy. And additionally 25 Hen 8 c 3 and 1 Edw 6 c 12. And additionally 29 Eliz c 15 and 3 & 4 W & M c 9.
The accepted law answerability of robbery was abolished for all purposes not apropos to offences committed afore 1 January 1969[23] by breadth 32(1)(a) of the Annexation Act 1968.
Statute
See sections 40 to 43 of the Break-in Act 1861.
Section 23 of the Break-in Act 1916 read:
23.-(1) Every actuality who -
(a) actuality armed with any abhorrent weapon or instrument, or actuality calm with one added actuality or more, robs, or assaults with absorbed to rob, any person;
(b) robs any actuality and, at the time of or anon afore or anon afterwards such robbery, uses any claimed abandon to any person;
shall be accusable of abomination and on confidence thereof accountable to chastening bondage for life, and, in addition, if a male, to be already abreast whipped.
(2) Every actuality who robs any actuality shall be accusable of abomination and on confidence thereof accountable to chastening bondage for any appellation not beyond fourteen years.
(3) Every actuality who assaults any actuality with absorbed to rob shall be accusable of abomination and on confidence thereof accountable to chastening bondage for any appellation not beyond bristles years.
This breadth provided best penalties for a cardinal of offences of robbery and aggravated robbery.[6]
The afterward cases chronicle to the use of force:
R v Lapier (1784) 1 Leach 320
R v Moore (1784) 1 Leach 335
R v Davies (1803) 2 East PC 709
R v Mason (1820) R & R 419
R v Gnosil (1824) 1 C & P 304
R v Walls and Hughes (1845) 2 C & K 214
Assault with absorbed to rob
If a robbery is aghast afore it can be completed, an accession answerability (with the aforementioned penalty, accustomed by breadth 8(2) of the 1968 Act) is assault; any act which carefully or foolishly causes accession to abhorrence the absolute and actionable use of force, with an absorbed to rob, will suffice.
The afterward cases are relevant:
R v Trusty and Howard (1783) 1 East PC 418
R v Sharwin (1785) 1 East PC 421
Mode of balloon and sentence
Assault with absorbed to rob is an indictable-only offence.[19] It is amiss with imprisonment for activity or for any beneath term.[24]
Assault with absorbed to rob is additionally accountable to the binding sentencing administration beneath the Bent Justice Act 2003.
Northern Ireland
Robbery is a approved answerability in Northern Ireland. It is created by breadth 8 of the Annexation Act (Northern Ireland) 1969.
United States
In the United States, robbery is about advised as an aggravated anatomy of accepted law larceny. Specific elements and definitions alter from accompaniment to state. The accepted elements of robbery are:
a trespassory
demography and
accustomed away
of the claimed property
of another
with the absorbed to steal
from the actuality or attendance of the victim
by force or bribery of force.[25]
The aboriginal six elements are the aforementioned as accepted law larceny. It is the aftermost two elements that aggravate the abomination to accepted law robbery.
from the actuality or attendance of the victim – robbery requires that the acreage be taken anon from the actuality of the victim or from their presence. This is altered from break-in which artlessly requires that acreage be taken from the victim's possession, absolute or constructive. Acreage is "on the victim's person" if the victim is absolutely captivation the property, or the acreage is independent aural accouterment the victim is cutting or is absorbed to a victim's anatomy such as a watch or earrings.[26] Acreage is in a person's attendance back it is aural the breadth of their absolute control. The acreage has to be abutting abundant to the victim's actuality that the victim could accept prevented its demography if he/she had not been placed in abhorrence or intimidation.[26]
by force or bribery of force – the use of force or bribery of force is the defining aspect of robbery. For there to be robbery there charge be "force or fear" in perpetrating the theft.[27] Questions apropos the bulk of force all-important for robbery accept been the accountable of abundant litigation. Merely abduction the acreage from the victim's actuality is not acceptable force unless the victim resists or one of the items is absorbed or agitated in such a way that a cogent bulk of force charge be acclimated to chargeless the account from the victim's person.[citation needed]
For robbery the victim charge be placed in "fear" of absolute abuse by bribery or intimidation. The bribery charge not be directed at the victim personally. Threats to third parties are sufficient. The bribery charge be one of present rather than approaching claimed harm. Abhorrence does not beggarly "fright",[26] it agency alarm – an acquaintance of the crisis of absolute actual harm.
California
The best book for robbery in California is 9 years, according to Chastening Code breadth 213(a)(1)(A).[28]
The bribery or use of force does not accept to booty abode anon afore or at the time of the theft.[29] Force acclimated afterwards the annexation will about-face the annexation into a robbery unless the annexation is complete. The annexation is advised completed back the perpetrator alcove a abode of acting assurance with the property.[30]
Robbery statistics
Robberies by country
The United Nations Office on Drugs and Abomination addendum "that back appliance the figures, any cross-national comparisons should be conducted with attention because of the differences that abide amid the acknowledged definitions of offences in countries, or the altered methods of answerability counting and recording". Additionally not every distinct abomination is reported, acceptation two things; (1) robbery ante are activity to arise lower than they absolutely are and; (2) the allotment of abomination that is not arise is activity to be college in some countries again others, for archetype – in one country 86% of the robberies were reported, admitting in accession country abandoned 67% of the robberies were reported. The aftermost affair to agenda is that abomination will alter by assertive neighborhoods or areas in anniversary country, so, aloof because a civic bulk is a defined rate, does not beggarly that everywhere in that country retains the aforementioned bulk of crisis or safety.
Robberies by Country[31]
Homicides during a robbery, by country
Robbery Murders by Country[32]
In accepted culture
This breadth appears to accommodate trivial, minor, or different references to accepted culture. Please accommodate this agreeable to explain the subject's appulse on accepted culture, accouterment citations to reliable, accessory sources, rather than artlessly advertisement appearances. Unsourced actual may be challenged and removed. (January 2019)
Robberies accept been depicted, sometimes graphically, in assorted forms of media, and several robbers accept become pop icons, such as Bonnie and Clyde and John Dillinger. Examples of media works focused on robberies include:
In film
The Killing (1956), by Stanley Kubrick, depicts a clear robbery.
Wake Up and Die (1966) is an Italian abomination ball blur directed by Carlo Lizzani, based on the absolute activity of Luciano Lutring ("il solista del mitra", translation: "the submachine soloist"), who kept his weapon in a violin case.[33]
Booty the Money and Run (1969), by Woody Allen, depicts an anarchistic appearance of a robbery by an amateur robber.
Le Gitan (1975), directed by José Giovanni, is about based on Luciano Lutring's autobiography. Lutring is played by Alain Delon.[33]
Dog Day Afternoon (1975) depicts a coffer robbery which escalates to a earnest situation.
Reservoir Dogs (1992), by Quentin Tarantino, shows the after-effects of a robbery, with an affluence of ashen details.
In literature
Luciano Lutring (30 December 1937 – 13 May 2013), accepted as "the submachine gun soloist" because he kept the weapon in a violin case, acclimated that moniker as the appellation of his account Il solista del mitra. He was an Italian criminal, author, and painter who, back committing robberies, formed abandoned (which is rather attenuate for a robber).[34]
Lionel White's Bloodhound mysteries novel, No.116, Clean Break (1955)[35] was the base for Stanley Kubrik's blur The Killing (1956).[36]
In video games
Video amateur Payday: The Heist and Payday 2 are both amateur by Overkill Software breadth one of the capital objectives is to abduct items of budgetary bulk at places such as banks, art galleries, armored trucks, and more.
Friday, 27 November 2020
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