ROBBERY is theft aggravated by the circumstance of the property stolen being aken from the person, or whilst it is under the protection of the person, of the owner or other lawful possessor, either by violence or putting in fear. This offence appears to have been formerly confined to cases of actual violence to the person, but in later times it has been extended to constructive violence by putting in fear, and not only to cases where property has been taken or delivered under a threat of bodily violence to the party robbed or to some other person, but also where the fear has resulted from apprehension of violence to his habitation or to his property, or where it has been occasioned by threats of accusing the party of the commission of an infamous crime.
Robbery was formerly regarded not as an aggravation of the crime of theft, but as a distinct and substantial crime. Latterly, however, robbery has been treated as an aggravation of theft, and it has been held that if, upon the trial of an indictment for larceny, it appear that the taking amounted to a robbery, the party may nevertheless be con victed of the larceny charged.
The stealing is said to be by violence when it is effected by doing any injury, however alight, to the person of the party robbed, or when the act of taking is accompanied by any degree of force for the purpose of overcoming resistance. A snatching or taking of property suddenly or unawares from the person, without some actual injury to the person, does not amount to robbery. If violence be used, it is sufficient to constitute robbery, although resorted to under the colour of executing legal process, or of the exercise of some other lawful authority. It is not essential to the offence of robbery that the violence should have been at first used for the purpose of obtaining the property, provided the violence be unlawful and the property is yielded up, or permitted to be taken, in order to prevent further violence.
Stealing is considered to be effected by threat of violence to the person, when possession of the thing stolen is obtained by any threat, menace, or other act calculated to excite fear or apprehension of violence, present or future, to the person of the party threatened or of any other party in whose welfare the party to whom the threat is addressed feel interested. It is immaterial whether the threat, &c., be direct or indirect, or whether conveyed by words, gestures, or signs, or whether made under pretence of lawful claim or of acting under legal process or other lawful authority, or of asking charity, or of making a purchase, or under any other pretence. The existence of actual fear in the mind of the party robbed is not material, provided the act of stealing be accompanied by such threats or other acts as are calculated to create the expectation that force will be used in ease of resistance. Where uo actual violence is employed, and the threats,
&c., used do not create any apprehension of violence or expectation that force will be resorted to in case of resistance, or if such appre hension or expectation has ceased to exist at the time when the property is taken, the offence of robbery is not committed. If property be taken by violence or by threats, &e, it is robbery, although the owner may have voluntarily exposed himself to the attack for the purpose of apprehending the offender.
At common law, robbery was a felony punishable by death, without regard to the quantity or value of the property stolen. The offender, however, was entitled to benefit of clergy [BENEFIT OF CLEROY), until this advantage was taken away in cases of robbery, under different circumstances of aggravation, by several statutes.
The offender was liable to be punished at the suit of the crone after a trial upon an indictment, and, in certain cases, when taken in the very act, upon a trial without indictment. The party robbed also was entitled to bring his criminal action or appeal (A Prem.] against the robber, for the purpose as well of punishing the offender as of obtaining restitution of the property stolen.
The party robbed may without any formality retake his goods wherever he can find them, unless they have been waived or thrown away by the robber during his flight, or seized by the officer of the crown or of the lord of the franchise, or sold in open market. But after such waiver, seizure, or sale, the owner cannot retake them of his own authority. At common law a writ of restitution could be obtained only upon the successful prosecution of a writ of appeal. But the courts before which a party is convicted of robbery or of larceny are now authorised to award writs of, or make orders for, restitu tion of stolen goods (21 lien. VIII. c. 11; 7 & 8 Geo. IV., c. 29, a. 57).
Robbery is punishable by penal servitude for life or for any term of years not Ices than three years, or by imprisonment for any term not exceeding three years, and for any period of solitary confinement during such imprisonment not exceeding one month at a time, or three months in the space of one year.
Upon an indictment for robbery, as well as for any other felony which includes an assault upon the person, the jury may acquit of the felony, and find a verdict of guilty of assault, against the party indicted, if the evidence will warrant such finding; for which assault the party may be sentenced to imprisonment for any term not exceeding three years.