Robbery. Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by 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, by 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 by its inherently violent nature; whereas 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, whereas robbery is triable only on indictment. The word rob came via French from Late Latin words of Germanic origin, from Common Germanic raub theft. Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force. Extortion 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 or stick-up, and steaming. 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, and seven years for subsequent offences. Robbery is a statutory offence in the Republic of Ireland. It is created by section 14 of the Criminal Justice Act 2001, which provides: A person is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery is a statutory offence created by section 8 of the Theft Act 1968 which reads: A person is guilty of robbery if he 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. Robbery is the only offence of aggravated theft. There are no offences of aggravated robbery. This requires evidence to show a theft as set out in section 1 of the Theft Act 1968. In R v Robinson 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 in his legal right to the money. In R v Hale the application of force and the stealing took place in many 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 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, should apply; the court disagreed, preferring to follow R v Hale. The threat or use of force must take place immediately before or at the time of the theft. Force used after the theft is complete will not turn the theft into a robbery. The words or immediately after that appeared in section 23 of the Larceny Act 1916 were deliberately omitted from section 8. The book Archbold said that the 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 that force is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden and Corcoran v Anderton, both handbag-snatching cases. Stealing may involve a young child who is not aware that taking other persons' property is not in order.
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