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Timing decides whether a theft becomes a robbery in English law

Under English law, snatching something and then shoving the owner away afterwards may not count as robbery at all. The force or threat must come immediately before or during the stealing. Parliament deliberately dropped the older phrase covering force used immediately after, when it rewrote the offence in 1968.

Robbery is theft carried out through force, threatened force or fear, and its violence sets it apart from burglary, shoplifting or pickpocketing. Where legal systems divide crimes into misdemeanours and felonies, robbery always falls in the graver class, and in England it can only be tried on indictment. The verb rob reached English through French from Late Latin, ultimately from a Germanic word for theft. Criminal slang supplies blagging for armed bank raids and stickup, from the order to raise one's hands.

The Theft Act 1968 makes robbery the only form of aggravated theft. The victim need not own the property, need not actually feel afraid, and need not be the one threatened; menacing a customer in a jeweller's shop counts. Threatening to damage property instead points toward blackmail. Courts have treated theft as a continuing act, so in R v Hale in 1978 a conviction stood even though the timing of force was unclear. Whether force occurred is left to the jury as an ordinary English word, a view applied in handbag-snatching cases in 1980 and 1985.

Honest belief matters. In R v Robinson the defendant threatened a man to recover money genuinely owed to him, and his conviction was quashed because he honestly believed he had a legal right to it, however unreasonable that belief.

Sentences reflect harm and culpability, with professionally planned commercial robbery treated as the most serious category. Guidelines range from about one year for a low-harm street robbery to 16 years for a high-harm planned one, and the legal maximum is life. Older law was harsher still: the Larceny Act 1861 allowed life penal servitude for armed or violent robbery, plus a private whipping for male offenders. Canada also caps robbery at life, with mandatory minimums of five and seven years when restricted firearms are involved.

Source: Robbery

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