Investigative Skills Robbery PDF

Police College INV07 INV07 Investigative Skills Robbery Introduction 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...

Police College INV07 INV07 Investigative Skills Robbery Introduction 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 too put, any person in fear of being then and there subjected to force. Section 8(1) Theft Act (Northern Ireland) 1969 Robbery is a violent form of theft. The term ‘mugging’ is commonly used when people are assaulted and have property stolen from them in the street. There is a great deal of public concern about these incidents, especially if the victims are old or disabled. However, the term ‘mugging’ is a slang expression for the specific offence of robbery. Steals Theft has to be proven. Think of the points to prove for theft. Without a theft there cannot be a robbery. Whether the property is taken away or not is immaterial. Appropriation is enough. Look at the following scenarios and ask yourself if a robbery has occurred. Example 1 Thieves assault a lorry driver in order to gain control of a lorry and its contents but are apprehended before they can drive the lorry away. This is robbery but it must be proved that appropriation had taken place. Immediately before/time of doing so It is necessary for the force to be used there and then at the time of the stealing. Threat of future force is not robbery. OFFICIAL [SENSITIVE] Page 68  Police College INV07 INV07 Example 2 Niblock approaches Robinson and says “Give me your phone or I’ll give you a kicking when you leave the pub tonight”; Robinson hands over the phone. This is not a robbery. The force in this example relates to the future and not then and there. The correct offence would be theft. In order to do so Force must be used or threatened in order to facilitate the theft. The use of force after the appropriation in order to aid an escape would not be robbery. Example 3 Johnston steals Kelly‘s mobile phone then punches Kelly in order to escape. This is not a robbery as the force was used to aid Johnston’s escape and not in appropriating the property. Uses force on any person The force must be directed to the person. Therefore the threat “Give me £100 or I‘ll burn your house down” may not amount to robbery. The force may be directed at a person who is not the victim of the theft. Example 4 Morrison and his wife are confronted by Adams who punches Morrison in order that his wife hands over her jewellery. This is a robbery. Theft has occurred; force has been used on a person. Puts, or seeks to put In a case involving only the threat of force, that intention must be to put a person in fear for themselves not another. An intention to put someone in fear for another person is not sufficient. (R v Taylor 1996) Example 5 Simpson threatens Mo with a knife in order that Mo hands over his wallet. Being in fear, Mo hands over the wallet. This is a robbery. Theft has occurred, and the victim is in fear that force will be used then OFFICIAL [SENSITIVE] Page 69  Police College INV07 INV07 and there. Example 6 Simpson threatens Mo with a knife in order that Mo hands over his wallet. Mo is not frightened by the knife but hands over the wallet any way. This is a robbery. Theft has occurred, even though the victim is not in fear the suspects intention is to put them in fear and that is all that matters. Case Law: R v Clouden Facts The defendant approached the victim from behind whilst she was carrying a shopping basket in her left hand. He wrenched the basket down from her grasp and ran off with it. The defendant was convicted of robbery under section 8(1) Theft Act 1968 and appealed against his conviction claiming the wrenching of the basket did not constitute the use of force on any person and, therefore, the trial judge’s direction to the jury regarding the use of force was deficient. Issues Robbery is an aggravated type of theft and so proof of a theft is necessary together with the use of force on any person immediately before or at the time of the theft under section 8(1) Theft Act 1968. The defendant’s argument that the wrenching of the basket could not amount to the use of force on any person was rejected by the Court of Appeal. There is no distinction to be found between the use of force on a person and the use of force to property which causes force to the person. The question of whether force has been applied is a question of fact for the jury to decide. It was open to the jury to find that the wrenching of a shopping basket from the victim’s hand amounted to the requisite use of force to constitute the offence of robbery. OFFICIAL [SENSITIVE] Page 70  Police College INV07 INV07 Decision / Outcome The defendant’s conviction for robbery was upheld. The wrenching of a basket from a victim’s hand could constitute the requisite use of force under section 8(1) Theft Act 1968. Mode of Trial / Penalty Only triable on indictment – maximum sentence is life imprisonment. Conclusion The victim of a robbery may be injured, shocked or very frightened. Others may have suffered a great financial loss. All victims are now referred to victim support. Most people regard robbery as a serious offence. Throughout your duties you should be trying to help people prevent such crimes taking place. Consider, for example, if it is necessary to carry large amounts of money in public, or why money is collected from a bank at the same time each day. Give advice to people where you can, and if necessary, refer them to your local crime prevention officer. OFFICIAL [SENSITIVE] Page 71