robbery

Question 1

robbery equation

Answer 1

robbery = (theft) + (aggravating factors of violence or intimation)

Question 2

what level of violence is required?

Answer 2

O’Neill v HM Adv 1934 JC 98
Facts: Accused charged with robbery and assault.
Held: On appeal, even if the assault hadn’t been proven, the level of violence still would have constituted robbery. Even though other charges of violence were not proven, the fact that he grabbed a woman’s purse, causing some injuries was enough to constitute enough violence for robbery.

Question 3

what level of violence is required? #2

Answer 3

Cromar v HM Adv 1987 SCCR 635
Held: Grabbing a bag from someone with the bag snapping was sufficiently violent so as to constitute robbery.
Significance: There has to be at least some violence or its threat, however not necessarily a super high bar for violence.

Question 4

does there have to be some violence?

Answer 4

Flynn v HM Adv 1995 SLT 1267
Facts: The accused was charged with assault and robbery, and it had been specified in the charge that the robbery was carried out by seizing the complainer by the throat, and the complainer fell to the ground.
Legal issue: The jury had acquitted the assault charge, removing any reference in the charge to violence, however still convicted of robbery.
Held: This charge of robbery did not stand. Significance: There has to be some violence.

Question 5

evidence given by the accused of their own violence

Answer 5

Morrison v HM Adv 2010 JC 174
Facts: Another case in which part of a charge had been deleted by the jury in relation to alleged violence.
Significance: The court differentiated this case from Flynn, saying that there had been no evidence in Flynn of any violence. In this case, however, the complainer himself had given evidence that he had been trying to retaliate in some way, and he was physically injured. This evidence showed that there was enough violence to show that there had been a robbery, even though the jury hadn’t found that there was necessarily violence such that it should be included in the charge.

Question 6

intimidation

Answer 6

If you’re reasonably worried about your own personal physical safety, if you don’t comply with the demand for your property, then this will likely be enough.