Robbery Notes (Offenses Against The Property)

Robbery Notes (Offenses Against The Property)

Dajanae Dawkins

All rights reserved

Outlined in Larceny Act section 37 (1) (2)

Robbery is defined as being armed with any offensive weapon or instrument, or being together with one other person or more, robs, or assaults with intent to rob,  immediately before or after, any person. He will be guilty of the felony.

(Basically theft with violence and a weapon.)

Elements (Actus Reus)

1.Theft or stealing (permanently depriving someone of their own property)

2.There must be an offensive weapon or instrument (normal object turned deadly)/ use of force

3.The use of force must be in relation to the stealing and against the victim at the time of, immediately before or after the robbery

The accused robs and/or assaults the victim where force is applied immediately before or after

*Key aspect is force, can be called the violent form of stealing

Eg: if X steals an item, but uses force to escape it is not robbery as it isn’t harming the victim

Cases:

Smith v Desmond

D and E used force in their stealing of money from an office at a bakery.

The two persons against whom D and E directed force were the night watchman and maintenance engineer, in whom was the custody of the company's property By placing the workers in fear of being subjected to force, D and E were held to have been correctly convicted for robbery.

R v Hale

H and M entered Mrs C's house, wearing stocking masks. H put his hand over Mrs C's mouth to prevent her from screaming. M went upstairs and stole her jewellery box. Both men tied up Mrs C and, upon leaving, threatened to harm her child if she called the police. H was convicted of robbery and appealed. H's appeal was dismissed

Elements (Mens Rea)

1.The intention to rob or assault or both

*intention to rob means you intend to deprive the owner of his good permanently

*must honestly believed he didn’t have a right to the item

2.Dishonesty; appropriation of property must be dishonest

Case: R v Robinson

D ran a clothing club to which P's wife owed £7.00. D met up with P and, along with others, threatened him. A fight ensued during which a £5.00 note fell from P's pocket. D took the money, telling P that he was still owed £2.00.

D’s conviction for robbery was quashed. It was held that he only needed to show that he had an honest belief that he was entitled to the money and not that he honestly believed that he could have taken it in the way he did.

Penalty for Assault and Robbery

*Guilty of felony

*Hard labour + 21 years max

(More severe due to the excess assault in addition to merely steeling the good)

Penalty for Robbery Only

*Guilty of felony

*Hard labour + 15 years max

Defences

1.If the defendant honestly believed he was entitled to the item

2.If the defendant didn’t use any force/violence