Assignment%201_%2
0756322.docx
THEME 5.1: THE CRIME OF ROBBERY
DEFINITION:
Robbery:
Snyman (2009:538) defines robbery as "the unlawful, intentional and violent,
completed or attempted taking of property or cash by force or threat of force,
with or without a weapon, and with or without injury".
Burchell and Milton (2005:817) are of the opinion that although robbery is a
separate offence from theft, robbery is a type of theft where the perpetrator
intentionally uses violence or the threat of violence to force compliance when
taking the possessions of another person.
Four essential elements of robbery are:
(1) Theft. Although robbery is a separate offence from theft, one cannot classify an
offence as a robbery if theft of the victim's belongings has not taken place.
(2) Violence. A robbery is committed through either the actual use of violence or the
threat to use violence in order to force the victim to give up his/her possessions to
the robber and to prevent resistance. This use of force should be physical, immediate
and against a primary victim or the victim should believe that the perpetrator has the
means to carry out the threat of violence.
(3) Submission. The nature of the violence used should prevent the victim from
fighting back and cause him/her to give up his/her belongings.
(4) Intent. One has to prove that the robber intended to steal property from the
victim.
Robbery with aggravating circumstances
In the South African context, if an offender has perpetrated a robbery through
the use of violence and/or a weapon he/she is charged with robbery with
aggravating circumstances.
Subcategories of robbery with aggravating circumstances are car hijacking,
robbery at residential premises, robbery at non-residential premises (business),
cash-in-transit (CIT) robbery, bank robbery and truck hijacking
The Criminal Procedure Act No. 51 of 1977 defines aggravating circumstances
as "the using of a firearm or other dangerous weapons or the infliction of, or
threat to inflict grievous bodily harm, by the offender or an accessory during or
after the commission of an offence"
HISTORICAL BACKGROUND OF ROBBERY
For centuries, the armed robber has been admired/feared and glorified/vilified.
From the mid-1980s (particularly from 1985 to 2002), there were more
incidents of robbery that had profound negative effects than in any other period
in the past.
To the public, there is an "armed robbery state of emergency".
In Nigeria, armed robbers have indicated that they have more control than the
government.
, General awareness of the significant increase in incidences of this crime in
Nigeria has led to a public outcry about the need for law and order.
NATURE AND EXTENT OF ROBBERY
It was found in a field-based study on robbery that this crime instils more fear in
urban residents than any other criminal offence because the robbers have no
respect for human life.
Conklin (1972:4) says the following about the crime of robbery: "Although the
public certainly fears murder and rape, it is probably fear of robbery ... which
keeps people off the street, makes them avoid strangers, and leads them to lock
their doors. There are good reasons for city dwellers to be especially fearful of
robbery.
Robbery is a common feature of the urban landscape — far more common than
murder or forcible rape — and poses a serious risk of injury or death."
CAUSES OF ROBBERY
Many acts of robbery are the direct result of peer pressure and an inability to
resist temptation on the streets.
A large number and variety of factors play a part in all criminal activities.
Robbery is no exception.
Rapid urbanisation and modernisation are strongly associated with the ever-
rising crime statistics.
The urban lifestyle presents criminal opportunities/temptations and at the same
time limited control measures to prevent and curb such behaviour.
Temptation has expectations, often in the absence of the primary agent of
socialisation and cohesion offered by the home, since parents spend little time
at home because they have to be out at work.
Many other social trends have played a part in the global increase of crime in
the last 20 years.
Two factors that are frequently cited as the main causes of criminal acts are
poverty and racial/ethnic discrimination.
Poverty particularly is linked to criminality when marked inequalities in terms of
income and levels of lifestyle are perceived
When such a view is reinforced through association with a culturally or racially
identifiable group, political activity (which may be violent) is also likely to take
place.
Motives of robbers
Most robbers are motivated to commit this "crime time" (as they view it) to get
easy and fast cash – unlike crimes such as burglary where merchandise is stolen
only to be sold (which causes delays in obtaining the cash and increases the risk
of being caught as they need to deal with others when selling the goods).
Motivation to commit robbery falls into two categories.
o For many robbers, this lifestyle centres on the use of drugs and alcohol,
o whereas to others this lifestyle relates to a desire to live the high life (of
which drugs may be a factor).
However, a small group of entrenched robbers commit robbery in order to earn
an income to pay bills and to support their families.
0756322.docx
THEME 5.1: THE CRIME OF ROBBERY
DEFINITION:
Robbery:
Snyman (2009:538) defines robbery as "the unlawful, intentional and violent,
completed or attempted taking of property or cash by force or threat of force,
with or without a weapon, and with or without injury".
Burchell and Milton (2005:817) are of the opinion that although robbery is a
separate offence from theft, robbery is a type of theft where the perpetrator
intentionally uses violence or the threat of violence to force compliance when
taking the possessions of another person.
Four essential elements of robbery are:
(1) Theft. Although robbery is a separate offence from theft, one cannot classify an
offence as a robbery if theft of the victim's belongings has not taken place.
(2) Violence. A robbery is committed through either the actual use of violence or the
threat to use violence in order to force the victim to give up his/her possessions to
the robber and to prevent resistance. This use of force should be physical, immediate
and against a primary victim or the victim should believe that the perpetrator has the
means to carry out the threat of violence.
(3) Submission. The nature of the violence used should prevent the victim from
fighting back and cause him/her to give up his/her belongings.
(4) Intent. One has to prove that the robber intended to steal property from the
victim.
Robbery with aggravating circumstances
In the South African context, if an offender has perpetrated a robbery through
the use of violence and/or a weapon he/she is charged with robbery with
aggravating circumstances.
Subcategories of robbery with aggravating circumstances are car hijacking,
robbery at residential premises, robbery at non-residential premises (business),
cash-in-transit (CIT) robbery, bank robbery and truck hijacking
The Criminal Procedure Act No. 51 of 1977 defines aggravating circumstances
as "the using of a firearm or other dangerous weapons or the infliction of, or
threat to inflict grievous bodily harm, by the offender or an accessory during or
after the commission of an offence"
HISTORICAL BACKGROUND OF ROBBERY
For centuries, the armed robber has been admired/feared and glorified/vilified.
From the mid-1980s (particularly from 1985 to 2002), there were more
incidents of robbery that had profound negative effects than in any other period
in the past.
To the public, there is an "armed robbery state of emergency".
In Nigeria, armed robbers have indicated that they have more control than the
government.
, General awareness of the significant increase in incidences of this crime in
Nigeria has led to a public outcry about the need for law and order.
NATURE AND EXTENT OF ROBBERY
It was found in a field-based study on robbery that this crime instils more fear in
urban residents than any other criminal offence because the robbers have no
respect for human life.
Conklin (1972:4) says the following about the crime of robbery: "Although the
public certainly fears murder and rape, it is probably fear of robbery ... which
keeps people off the street, makes them avoid strangers, and leads them to lock
their doors. There are good reasons for city dwellers to be especially fearful of
robbery.
Robbery is a common feature of the urban landscape — far more common than
murder or forcible rape — and poses a serious risk of injury or death."
CAUSES OF ROBBERY
Many acts of robbery are the direct result of peer pressure and an inability to
resist temptation on the streets.
A large number and variety of factors play a part in all criminal activities.
Robbery is no exception.
Rapid urbanisation and modernisation are strongly associated with the ever-
rising crime statistics.
The urban lifestyle presents criminal opportunities/temptations and at the same
time limited control measures to prevent and curb such behaviour.
Temptation has expectations, often in the absence of the primary agent of
socialisation and cohesion offered by the home, since parents spend little time
at home because they have to be out at work.
Many other social trends have played a part in the global increase of crime in
the last 20 years.
Two factors that are frequently cited as the main causes of criminal acts are
poverty and racial/ethnic discrimination.
Poverty particularly is linked to criminality when marked inequalities in terms of
income and levels of lifestyle are perceived
When such a view is reinforced through association with a culturally or racially
identifiable group, political activity (which may be violent) is also likely to take
place.
Motives of robbers
Most robbers are motivated to commit this "crime time" (as they view it) to get
easy and fast cash – unlike crimes such as burglary where merchandise is stolen
only to be sold (which causes delays in obtaining the cash and increases the risk
of being caught as they need to deal with others when selling the goods).
Motivation to commit robbery falls into two categories.
o For many robbers, this lifestyle centres on the use of drugs and alcohol,
o whereas to others this lifestyle relates to a desire to live the high life (of
which drugs may be a factor).
However, a small group of entrenched robbers commit robbery in order to earn
an income to pay bills and to support their families.
