Robbery Flashcards
What type of offence is Robbery
Robbery is an indictable only offence.
what section of the theft act is robbery contained in and define it?
it is contained in s.8 of the Theft Act 1968 s.8. A person is guilty of robbery if he steals, and immediately before or at the same time of doing, 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.
how many years can A person guilty of robbery or of an assault with intent to rob face?
up to life imprisonment.
What does an offence of robbery involve
a theft being committed whilst violence or the threat of violence is used. It is this violence that changes the offence from one of theft to one of robbery. Robbery is an aggravated form of theft.
What is the actus reus of robbery
it involves two elements, 1. theft 2. the use or threat of violence
what does the case of Robinson 1977 tell us?
theft could not be made out because there was no dishonesty
How can the offence of robbery not be made out
If any element of theft cannot be proved the offence of robbery will not be made out.
when must force be used in robbery
At or immediately before the act of stealing. Once the theft is completed subsequent violence will not upgrade the offence to one of robbery.
if someone steals an item then uses force to escape being arrested this use of force does not make the offence a robbery if they have already completed the theft.
what important when dealing with robbery at the police station.
establishing when the force was used or threatened may be an important element.
What is the mens rea of robbery
it is the same as theft dishonesty and with an intention to permanently deprive the other. There must also be an intention or at least recklessness as to the use of violence. An accidental use of force will not suffice.
Sentencing guidlines for Robbery
The Court should determine the offence category by assessing the culpability and the harm.
Cat A- high culpability=
• Use of a weapon to inflict violence
• Production of a bladed article or firearm or imitation firearm to threaten violence
• Use of very significant force in the commission of the offence
• Offence motivated by, or demonstrating hostility based on any of the following
characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
Cat B- medium culpability=
• Production of a weapon other than a bladed article or firearm or imitation firearm to threaten violence
• Threat of violence by any weapon (but which is not produced)
• Other cases where characteristics for categories A or C are not present
Cat C- Lesser culpability=
• Involved through coercion, intimidation or exploitation
• Threat or use of minimal force
• Mental disability or learning disability where linked to the commission of the
offence
Harm
The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to the victim.
Cat 1 • Serious physical and/or psychological harm caused to the victim
• Serious detrimental effect on the business
Cat 2 • Other cases where characteristics for categories 1 or 3 are not present
Cat 3 • No/minimal physical or psychological harm caused to the victim
• No/minimal detrimental effect on the business
How many years imprisonment for robbery.
Cat 1A starring point 13 years, ranges from 10-16 years
Cat 1B starting point 8 years ranges from 6-10 years
C1C starting point 5 years, ranges from 4-8 years
Cat2A starting point 8 years in custody, ranges from 6-10 years in custody
Cat 2B starting point 5 years in custody, ranges from 4-8 years
Cat2C starting point 3 years in custody, ranges from 2-5 years
Cat3A starting point 5 years in custody, ranges from 4-8 years
Cat 3b starting point 3 years in custody, ranges from 2-5 years
Cat3c starting point 18 months, ranges from 1-3 years
what are the statutory aggravating factors
attempting to conceal identity
attempts to conceal and dispose of evidence
victim is targeted due to vulnerability
involvement of others through coercion, intimidation or exploitation
offence committed on license
Factors reducing seriousness
-good character
-Remorse, particularly where evidenced by voluntary reparation to the victim
Serious medical condition requiring urgent, intensive or long-term treatment
- no previous convictions
- Age and/or lack of maturity where it affects the responsibility of the offender
- ental disorder or learning disability (where not linked to the commission of the offence)
