Robbery

• 1. Defining The Crime

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  Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another with the intent to permanently deprive the person of that property. It occurs through means of force or fear. That is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft such as burglary, shoplifting, pickpocketing, or car theft by its inherently violent nature. 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. Robbery is triable only on indictment.

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• 2. Global Legal Frameworks

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  In Canada, the Criminal Code makes robbery an indictable offence subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence. There is a seven-year sentence for subsequent offences under section 344 of the Criminal Code. In Ireland, robbery is a statutory offence created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001. England and Wales have robbery as a statutory offence created by section 8(1) of the Theft Act 1968. Northern Ireland has robbery as a statutory offence created by section 8 of the Theft Act (Northern Ireland) 1969. In the United States, robbery is generally treated as an aggravated form of common-law larceny. Specific elements and definitions differ from state to state. The common elements include a trespassory taking and carrying away of personal property with intent to steal from the person or presence of the victim by force or threat of force. California sets the maximum sentence for robbery at nine years according to Penal Code section 213(a)(1)(A).

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• 3. Historical Evolution

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  Robbery was an offence under the common law of England. Matthew Hale provided the following definition in his work Historia Placitorum Coronae published in 1736. The common law offence of robbery was abolished for all purposes not relating to offences committed before the 1st of January 1969 by section 32(1)(a) of the Theft Act 1968. Section 23 of the Larceny Act 1916 read: This section provided maximum penalties for a number of offences of robbery and aggravated 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). The book Archbold said that facts in R v Harman which did not amount to robbery in 1620 would not amount to robbery now. It was held in R v Dawson and James in 1978 that force is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden unreported on the 4th of February 1985.

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• 4. Criminal Statistics And Trends

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  The United Nations Office on Drugs and Crime notes that when using figures, any cross-national comparisons should be conducted with caution because of differences between legal definitions or methods of counting. Not every crime is reported, meaning robbery rates appear lower than they actually are. In one country 86% of robberies were reported whereas in another only 67% were reported. A 1983 study by the Department of Justice estimated that robberies at US schools alone may reach one million a year. Reported annual robberies per 100,000 population varied significantly across countries. England and Wales recorded 123.3 robberies per 100,000 population in 2023. Some nations showed rates as high as 1010.3 per 100,000 in 2023 while others had just 0.5 per 100,000 in 2006. The percentage of population victimized by robbery in the previous 12 months also varied widely. One nation showed 16.5% total victimization in 2023 while another showed 0.1% in 2014.

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• 5. Sentencing Guidelines

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  Under current sentencing guidelines, punishment for robbery is affected by aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much culpability the offender had. Carrying a weapon or leading a group effort implies high culpability. Robbery is divided into three categories: street or less sophisticated commercial, dwelling, and professionally planned commercial. Robbery generally results in a custodial sentence. Only low-harm, low-culpability cases with other mitigating factors result in alternative punishment like a high-level community order. The maximum legal punishment is imprisonment for life under section 8(2) of the Theft Act 1968. It is subject to mandatory sentencing regime under the Criminal Justice Act 2003. Current guidelines advise sentences no longer than 20 years for high-harm, high-culpability robberies. Starting point sentences range from one year for low-harm street robbery to 16 years for high-harm professionally planned robbery. An offender may serve longer if convicted alongside other offences such as assault and grievous bodily harm.

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• 6. Cultural Depictions

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  Robberies have been depicted graphically in various forms of media. Several robbers became pop icons including Bonnie and Clyde and John Dillinger. Stanley Kubrick directed The Killing in 1956 which depicts a graphic robbery. Carlo Lizzani directed Wake Up and Die in 1966 based on Luciano Lutring who kept his weapon in a violin case. Woody Allen created Take the Money and Run in 1969 depicting an unconventional view by an incompetent robber. José Giovanni directed Le Gitan in 1975 loosely based on Luciano Lutring's autobiography with Alain Delon playing Lutring. Dog Day Afternoon in 1975 depicts a bank robbery escalating to hostage situation. Quentin Tarantino made Reservoir Dogs in 1992 showing aftermath of robbery with lurid details. Video games Payday: The Heist, Payday 2 and Payday 3 by Overkill Software feature stealing items at banks, art galleries, and armored trucks.

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