Robbery In General

I. Concept: the taking, with intent to

gain, of personal property belonging to
another, by means of violence against
or intimidation of persons, or by using
force upon things.
A. The two major classifications are based on the manner by which the robbery was committed. The
first is commonly called hold-up while the second is robbery by breaking in
B. If none of these two methods are used, the taking will constitute theft.
C. If both methods were used, the result is complex a crime i.e. robbery with Force Upon things
complexed with Robbery with Violence.
D. In robbery with violence, the violence need not be present at the start of the taking so long as it
was resorted to before the taking was complete.

II. Elements Common to Robbery and

Theft

A. The subject matter must be a personal property

1. These include licit as well as illicit articles such as drugs and unlicensed firearms as well as stolen
articles
2. The term Personal Property does not follow the meaning provided for by the Civil Code. It means
such property, whether tangibles or those with physical appearance and form or intangibles, as long
as they maybe subject of appropriation and may be carried away without altering its nature.
a. Thus this includes those considered as Real Property by Immobilization or destination or those
attached to the soil or building for so long as they were detached there from and carried away. Such
as trees, machineries, statutes, soil, stones and rocks
b. Accessories of real properties such as fruits of trees, fishes, paintings
3. In theft the article must have a value because the penalty, and jurisdiction over the offense, is
based on the value of the article taken
a. The value must be proved as courts will not take judicial notice thereof. If no value is proved, the
court uses the lowest value in the law value as basis

B. The property must belong to another

1. This means the property does not belong to the accused. Hence there is no robbery or theft of
ones own property. The offenses are either Grave Coercion instead of robbery and Impossible
Crime of Theft instead of the ordinary crime of theft.
2. The victim need not be the owner. He may be a mere possessor or even a robber or thief himself.
Thus robbery or theft may be committed against another criminal robber or thief. It is enough that the
accused is not the owner of the property.

C. There must be an act of taking or apoderamiento, which is the physical act of divesting another
of the possession of a thing, or to separate and remove the property from the actual or constructive
possession or custody or control of the victim

1. The accused must hold the thing in a manner sufficient to enable him to dispose of it had he
wanted to
2. The possession may be permanent, temporary or transitory

D. There must Animus Lucrandi or intent of gain

1. The gain need not be in terms of financial or material gain as this includes: intent to obtain some
utility, enjoyment, satisfaction, or pleasure. Example: X boxed Y so that Y will hand over the
magazine for X to see the nude pictures. X returned the magazine thereafter.
2. If there is no animus lucrandi but force was used to get an object, the crime is coercion.
3. Robbery and theft maybe a continuous offense as in the case of robbery of several persons. The
accused entered a classroom and robbed the 20 students of their money at the point of a gun. Or,
when the several robberies are component parts of a general plan to rob within a specific place or
area. Example: Robbery of several houses in subdivision or robbery of the various stalls in side the
shopping mall.

Many crimes types are committed every day. Some are minor and lots of
people commit them. Minor crime examples are traffic violations, such as
speeding or illegal u-turns. Some crimes are serious and dont happen
as much, fortunately. One example of a serious crime is robbery.
Robbery is taking property from another by force or threats. Its a theft
type in that property is illegally taken. However, robbery is more serious
than normal theft because force or threats are used. This is especially
true if the robber uses a weapon to take property.
Robbery Elements

Crimes are made up of elements that must be met to convict a person.

Robbery has four main elements. A person is guilty of robbery if he:

Takes property from its rightful owner

Acts without the owners permission
Intends to steal property
Uses force or intimidation against the owner

A person must have specific intent to commit robbery. If hes just

borrowing property or playing a joke, its not robbery.
The force or intimidation must be directly related to taking of property for
the act to be robbery. It cant be after the property is taken. The force or
intimidation must be immediate. Theres no robbery if the threat is for
future violence.
Aggravated Robbery

Sometimes robbery happens under circumstances making it more

serious than simple robbery. This is calledaggravated robbery. A variety
of factors that can turn simple robbery into aggravated robbery. Common
aggravating factors include:

Using a deadly weapon

Inflicting serious bodily harm

A deadly weapon is one that can be used to kill or seriously injure. Use
of a deadly weapon to force or threaten someone to steal his property is
an aggravating factor increasing crime severity. Common deadly
weapons include guns and knives.
If a person inflicts serious bodily harm on a victim, he may also be
charged with aggravated robbery, even without using a deadly
weapon. Laws impose a more serious punishment when a victim is
seriously hurt, and not just threatened. Some states dont require serious
injury in some cases. For example, a person is guilty in Texas of
aggravated robbery if he causes bodily injury to anyone 65 years or
older or whos disabled.
Punishment for Robbery

Robbery is considered a felony. Most states and the federal government

classify a crime thats punishable by more than one year in prison as a
felony. Some states consider a felony as any crime thats punishable by
any prison time.
In contrast, an inexpensive theft is usually considered a misdemeanor.
Most states and the federal government classify a crime thats
punishable by less than one year in prison as a misdemeanor. Some
states consider a misdemeanor as any crime thats punishable only by
fine or short jail sentence. Whether a crime is a robbery or a theft will
have a great impact on punishment.
Usual punishment for robbery conviction is a prison sentence. Sentence
length depends on someones criminal history and case circumstances.
A large fine may also be imposed on top of any prison sentence. States
usually have increased punishments for aggravated robbery.
Questions for Your Attorney

If a person snatches a purse from a woman, is it robbery? What if he

threatens her before he takes it?
Is it robbery if I use a weapon to gain possession of property that I own?
If someone tells me I will get hurt next month if I dont give him my shoes, is
he guilty of committing robbery?

Criminal Law
Robbery

Firearm

Knife or Cutting Instrument

Other Dangerous Weapon

Strong-armHands, Fists, Feet, etc.

Definition: The taking or attempting to take anything of value from the care, custody, or
control of a person or persons by force or threat of force or violence and/or by putting
the victim in fear.
Robbery is a vicious type of theft in that it is committed in the presence of the victim.
The victim, who usually is the owner or person having custody of the property, is directly
confronted by the perpetrator and is threatened with force or is put in fear that force will
be used. Robbery involves a theft or larceny but is aggravated by the element of force or
threat of force.
Because some type of assault is an element of the crime of robbery, an assault must
not be reported as a separate crime as long as it was performed in furtherance of the
robbery. However, if the injury results in death, a homicide offense must be reported.
Armed robbery, categories 3a, 3b, and 3c, includes incidents commonly referred to as
stickups, hijackings, holdups, heists, carjackings, etc. Carjackings are robbery offenses
in which a motor vehicle is taken through force or threat of force. In such cases,
following the Hierarchy Rule, agencies must report only a robbery, not a motor vehicle
theft. Robberies wherein only personal weapons, such as hands, fists, and feet, are
used (3d) or threatened to be used may be referred to as strong-arms or muggings.
The UCR Program considers a weapon to be a commonly known weapon (a gun, knife,
club, etc.) or any other item which, although not usually thought of as a weapon,
becomes one in the commission of a crime. Reporting agencies must classify crimes
involving pretended weapons or those in which the weapon is not seen by the victim, but
the robber claims to possess one, as armed robbery (3a, 3b, and 3c). Should an
immediate on-view arrest prove that there is no weapon involved, the agency must
classify the offense as strong-arm robbery (3d).
Law enforcement must guard against using the public's terminology such as "robbery of
an apartment" or "safe robbery" when classifying a robbery offense, inasmuch as the
public is referring to a burglary situation.

RobberyFirearm
RobberyFirearm (3a) includes robberies in which any firearm is used as a weapon or
employed as a means of force to threaten the victim or put the victim in fear. Attempts
are included in this category.

The following scenarios illustrate incidents known to law enforcement that reporting
agencies must classify as RobberyFirearm (3a):
1. A man came to a victim's door and asked to use the phone. After being admitted
to the residence, he pulled a gun and demanded money. He took the victim's
money and fled. The police have yet to apprehend the suspect.
2. A lone male with a gun appeared in a tavern and ordered ten patrons and the
owner to hand over their cash and jewelry. After obtaining their possessions, the
man left.
3. Four individuals planned to rob a local supermarket. One of the group informed
the police. On the appointed day, the four walked in the front door of the market
armed with handguns. They were all arrested. The informant was released for
cooperating.
4. A person with a shotgun entered a rural grocery store and ordered the clerk to
hand over the cash. The clerk complied. The suspect ran out of the store to a
waiting car. The clerk notified the police. The police spotted the suspect's vehicle
and engaged in a high-speed chase. They apprehended a 17-year-old suspect.

RobberyKnife or Cutting Instrument

The category RobberyKnife or Cutting Instrument (3b) includes robberies in which a
knife, broken bottle, razor, ice pick, or other cutting or stabbing instrument is employed
as a weapon or as a means of force to threaten the victim or put the victim in fear.
Attempts are included in this category.
The following scenarios illustrate incidents known to law enforcement that reporting
agencies must classify as RobberyKnife or Cutting Instrument (3b):
1 A lone male approached a car stopped at a traffic light. The male brandished a
knife and ordered the driver of the car to get out of the vehicle. She complied,
and the male then jumped into the car and drove away, leaving the car owner
frightened but unhurt. The woman called the police.
2 A man was walking down the street when an assailant grabbed him and held a
broken bottle to his throat. While the assailant was attempting to remove the
victim's wallet from his pocket, the police arrived and arrested the assailant.

RobberyOther Dangerous Weapon

The category RobberyOther Dangerous Weapon (3c) includes robberies in which a
club, acid, explosive, brass knuckles, Mace, pepper spray, or other dangerous weapon
is employed or its use is threatened. Attempts are included in this category.
The following scenarios illustrate incidents known to law enforcement that reporting
agencies must classify as RobberyOther Dangerous Weapon (3c):
1 Two men accosted a third, an acquaintance, in an alley near a bar. They beat him
severely with a club and took his wallet containing several hundred dollars. The
victim reported the incident to the police. No arrest was made.
2 A woman robbed a jewelry store by threatening to detonate a bomb. Two store
employees managed to detain the suspect until the police arrived. The subject
was arrested.
3 While a motorist was stopped at an intersection, a man armed with a canister of
Mace forcibly removed her from her convertible. The man got into the vehicle and
drove away. The motorist suffered several cuts and bruises in the confrontation.
The police were unable to locate the offender or the vehicle.

RobberyStrong-armHands, Fists, Feet, Etc.

The category of RobberyStrong-armHands, Fists, Feet, etc., (3d) includes
muggings and similar offenses in which only personal weapons such as hands, arms,
feet, fists, and teeth are employed or their use is threatened to deprive the victim of
possessions.
In the absence of force or threat of force, as in pocket-picking or purse-snatching, the
offense must be classified as larceny-theft rather than robbery. However, if in a pursesnatching or other such crime, force or threat of force is used to overcome the active
resistance of the victim, the offense must be classified as strong-arm robbery (3d).
The following scenarios illustrate incidents known to law enforcement that reporting
agencies must classify as RobberyStrong-arm (3d):
1 During a purse-snatching, a thief shoved a woman to the ground and took her
purse. The thief escaped.

2 A juvenile was observed by a store security guard concealing compact discs

under his shirt. When he was confronted, the youth punched the security guard
and fled the store, leaving the compact discs behind.

ROBBERY
INTRODUCTION
Section 8 of the Theft Act 1968 provides:
"(1) 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.
(2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to
imprisonment for life."
Robbery is triable only on indictment.

1. STEALS
Robbery is theft aggravated by the threat or use of force. The elements of theft must be established if a
conviction for robbery is to be obtained. Thus for example, a person who forces another to hand over money,
believing that he has a legal right to it, he is not guilty of theft:
In R v Robinson [1977] Crim LR 173, it was alleged that D, who was owed 7 by V's wife, approached V,
brandishing a knife. A fight followed, during which V dropped a 5 note. D picked it up and demanded the
remaining 2 owed to him. Allowing D's appeal against conviction for robbery, the Court of Appeal held that
the prosecution had to prove that D was guilty of theft, and that he would not be (under s2(1)(a) of the 1968
Act) if he honestly believed that he had a right in law to deprive V of the money, even though he knew he was
not entitled to use the knife to get it.
In R v Forrester [1992] Crim LR 793, V had retained D's 200 deposit when D's tenancy terminated. D
believed he had been asked to leave without justification and that the deposit was being unfairly withheld. D,
accompanied by a friend, went to V's house, burst in when the door was opened and seized some items whilst
his friend restrained V. His intention was to use the items to bargain for the return of his money. If this failed,
he would sell the items and the use money for a deposit on another flat, returning the excess to V. D's

conviction for robbery was upheld by the Court of Appeal. It was held that he knew he had no right to the
items themselves and so could not claim that he was not dishonest under s2(1)(a).
A temporary appropriation will amount to theft:
In Corcoran v Anderton (1980) 71 Cr App R 104, it was held that a robbery was committed where a woman's
handbag was wrestled from her grasp, even though it then fell to the ground and was not made off with.
Where the accused has used force on another (or put another person in fear of force) in order to steal but has
not achieved the appropriation of any property, and is therefore not guilty of robbery, he can be convicted of
assault with intent to rob, which is also triable only on indictment.

2. USE OF FORCE
The question of whether or not force has been used is a question of fact to be determined by a jury, the Court
of Appeal so held in R v Dawson [1976] Crim LR 692. In practice it appears that very little force is actually
required:
In R v Dawson [1976] the defendant had nudged the victim causing him to lose his balance so that his wallet
could be more easily taken. His appeal against a conviction for robbery was refused.
In R v Clouden [1987] Crim LR 56, the defendant had pulled on the victim's handbag to wrentch it from her
hands. The Court of Appeal held that whilst a snatching of property without resistance from the owner, such as
by a pickpocket, should not amount to robbery, the question of whether force has been used 'on any person'
should be left to the jury. The defendant was held to have been rightly convicted of robbery.

3. IN ORDER TO STEAL
The force, or threat of force, must be used in order to steal according to s8(1).
Therefore, if D attacks V in order to settle an argument, and having hit V to the ground finds his wallet to have
fallen out, D will not be guilty of robbery should he run off with the wallet, because the force was not used by
him with the intention of stealing. Similarly, the use of gratuitous violence after a theft would not constitute
robbery because the force is not used in order to enable the theft to be carried out.

4. IMMEDIATELY BEFORE OR AT THE TIME OF

STEALING
Section 8(1) clearly provides that the force must be used immediately before, or at the time of, stealing, raising
the question of for how long theft continues (an issue to be decided by the jury).

In R v Hale (1978) Cr App R 415, D and E entered V's house and while D was upstairs stealing a jewellry box,
E was downstairs tying up V. The Court of Appeal refused to quash their convictions for robbery though the
appropriation of the jewellery box might have been completed before the force was used. The court said the
appropriation should be regarded as a continuing act and it was open to the jury on these facts to conclude that
it continued while V was tied up.
The matter needs to be looked at in a common sense way; while the force must be used at the time of the theft
and in order to steal, the theft needs to be looked at in its entirety.

5. MENS REA
While the mens rea of robbery is not spelt out in s8, it is clear that there must be the mens rea of theft, and the
force or threatened force must be in order to steal.

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