Odger's English Common Law

Chapter Till.
ROBBERY AND PIRACY.
Robbery is the unlawful taking possession of the goods of
another by means of violence or threats of violence, used with
the object of obtaining those goods from the owner, without
his consent and with the intention of depriving him perma-
nently of all the benefits of his ownership.
Kobbery is felony punishable with penal servitude for
fourteen years, 1 and is triable at Quarter Sessions. But if
the prisoner was armed or was accompanied by another, or
if he used any personal violence at the time of or immediately
before or immediately after such robbery, he may be sentenced
to penal servitude for life ; a male robber may also be once
privately whipped. 2
of course, be tried at Quarter Sessions.
These latter cases of robbery cannot,
Eobbery is an aggravated form of larceny
;
3 but as the gist
of the offence is the violence done to or reasonably appre-
hended by the person robbed, it falls under the head of
offences against the person rather than under that of offences
against property. Larceny from the person is stealing from
the person without the use of violence or threats.
On an indictment for robbery the prosecution must
prove
—
(i.) that the prisoner used violence or menaces
(ii.) with the object of obtaining possession of the goods
in question
;
(iii.) that he did obtain possession of them
(iv.) from the person, or at least from the immediate pre-
sence, of the prosecutor
;
1 Larceny Act, 1916 (6 & 7 Geo. V. c. 50), s. 23 (2).
S. 23 (1), and see R v. Swenson and Cuba (1918), 13 Cr. App. R. 209. As to an
assault with intent to rob, see s. 23 (3),:ante, p. 321.
8 Robbery includes larceny ; see B. v. McGrath (1869), L. R. 1 C. C. R. 20o,
followed in R. i. Lovell (1881), 8 Q. B. D. 185. See the indictment in the Appendix,
No. 27.