ROBBERY AND THEFT

Robbery and Theft

Robbery and Theft

1.What is the current sentence range for a conviction for such an aggravated offence?

Referring to the scenario Leo is guilty of the robeery and the violence he did with Charlie and is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and 'theft' and 'steal' shall be construed accordingly. It is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit. Robbery according to the Theft Act 1968, s.8(1) "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 to put any person in fear of being then and there subjected to force"(Smith and Keenan's 2004 Pp. 67-68)

How might the sentencer come to decide upon the sentence imposed in this case?

Mitigating factors?

Aggravating factors?

Other?

Ans. Mitigating factors

Threat and/or use of minimal force: starting point is a community order and the range is up to 12 months' detention and training order.Use of a weapon to threaten and/or use of force to cause injury: starting point is three years' detention, and the range is from 1-6 years' detention.

Use of a weapon and significant force, resulting in serious injury: starting point is seven years' detention, and the range is from 6-10 years' detention.These starting points are based upon a first-time offender of 17 who has pleaded not guilty. Sentencers are required to consider whether lower starting points should apply to younger offenders. The draft guideline specifies that immaturity, as well as age, should be taken into account. The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section). A person's appropriation of property belonging to another is not to be regarded as dishonest- (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b) if he appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances of it; or (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. (Smith and Keenan's 2004 Pp. 67-69)

Aggravating factors?

A person's appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it ...