Editing Robbery (section)

===== Sentence =====
[[File:Courtois.jpg|right|thumb|[[Banditry|Marauders]] attacking a group of travellers, by [[Jacques Courtois]]]]
Under current sentencing guidelines, the punishment for robbery is affected by a variety of aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much [[culpability]] the offender had (e.g. carrying a weapon or leading a group effort implies high culpability). Robbery is divided into three categories which are, in increasing order of seriousness: street or less sophisticated commercial, dwelling, and professionally planned commercial.<ref name="sce&w">{{cite web |url=https://www.sentencingcouncil.org.uk/wp-content/uploads/Robbery-offences-definitive-guideline-web.pdf |title=Sentencing Council |publisher=Sentencing Council - Robbery: Definitive guidelines |access-date=2018-05-18 |archive-date=2016-08-02 |archive-url=https://web.archive.org/web/20160802004113/http://www.sentencingcouncil.org.uk/wp-content/uploads/Robbery-offences-definitive-guideline-web.pdf |url-status=live }}</ref>

Robbery generally results in a custodial sentence. Only a low-harm, low-culpability robbery with other mitigating factors would result in an alternative punishment, in the form of a high-level [[Community service#Court ordered service|community order]].<ref name="sce&w"/> The maximum legal punishment is [[Life imprisonment in England and Wales|imprisonment for life]].<ref name=8-2>[[Theft Act 1968]], section 8(2)</ref> It is also subject to the mandatory sentencing regime under the [[Criminal Justice Act 2003#Dangerous offenders|Criminal Justice Act 2003]]. Current sentencing guidelines advise that the sentence should be no longer than 20 years, for a high-harm, high-culpability robbery with other aggravating factors.

The "starting point" sentences are:
*Low-harm, low-culpability street robbery: 1 year
*Medium-harm, medium-culpability street robbery: 4 years
*Medium-harm, medium-culpability professionally planned robbery: 5 years
*High-harm, high-culpability street robbery: 8 years
*High-harm, high-culpability professionally planned robbery: 16 years<ref name="sce&w"/>
An offender may also serve a longer sentence if they are convicted of other offences alongside the robbery, such as [[assault]] and [[grievous bodily harm]].

====== Common law ======
Robbery was an offence under the [[common law]] of England. Matthew Hale provided the following definition:

{{Blockquote|Robbery is the [[felonious]] and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling.<ref>1 Hale 532</ref>}}

The [[common law offence]] of robbery was abolished for all purposes not relating to offences committed before 1 January 1969<ref>[[Theft Act 1968]], section 35(1)</ref> by section 32(1)(a) of the [[Theft Act 1968]].

====== Statute ======
See sections 40 to 43 of the [[Larceny Act 1861]].

Section 23 of the [[Larceny Act 1916]] read:

{{Blockquote|23.-(1) Every person who -
:(a) being armed with any offensive weapon or instrument, or being together with one other person or more, robs, or assaults with intent to rob, any person;
:(b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person;

shall be guilty of felony and on conviction thereof liable to penal servitude for life, and, in addition, if a male, to be once privately whipped.

(2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

(3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years.}}

This section provided maximum penalties for a number of offences of robbery and aggravated robbery.<ref name="Griew, Edward 1978. page 79" />