THEME 5: ROBBERIES QUESTIONS AND ANSWERS 2023

THEME 5: ROBBERIES QUESTIONS AND ANSWERS 2023 According to these authors the 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. 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" NATURE AND EXTENT OF ROBBERY 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 Wright, Brookman and Bennett (2006:6) claim that 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). Willis (2006:14) is of the opinion that motivation to commit robbery falls into two categories. (1) For many robbers, this lifestyle centres on the use of drugs and alcohol, whereas to others this lifestyle relates to a desire to live the high life (of which drugs may be a factor). (2) However, a small group of entrenched robbers commit robbery in order to earn an income to pay bills and to support their families Types of robbers (1) Amateur robbers (2) Intermediate robbers (3) Professional and persistent robbers Weisel (2007:16) is of the opinion that when choosing a target for a robbery, offenders' main worry is their ability to be able to flee from the scene of the crime as fast as possible. Weisel (2007:16) regards the following as the factors that robbers are mindful of when selecting their target: • Banks on corners, near intersections, or on parallel streets or two-way traffic lanes because they provide different ways of driving out and many choices of direction. • In an area that offenders do not know so well, they often choose branches near major roads or highways in order to avoid being lost if they are chased by the police. Robbers do not like to choose targets situated in cul-de-sacs or narrow one-way streets to avoid having a difficult time when fleeing from the scene. According to Weisel (2007:16), the following may deter a robber from selecting a target: • a police station close to the target • police patrolling where the target is situated • a target in the middle of a shopping complex/mall • too many pedestrians passing outside the target • a lot of traffic in the area where the target is located 6. According to Wright and Decker (1997), armed robbery instils more fear in ... than any other criminal offence. (c) urban residents 7. In South Africa, robbery is referred to legally as robbery ... (b) with aggravating circumstances. 8. In her study, Thobane (2014) found that robbers continued to commit robberies because of ... (d) the need to sustain a lavish lifestyle 9. Which of the following is a characteristic of intermediate robbers? (b) Their engagement in armed robbery is sporadic and they mix these robberies with other types of crimes. 10. According to Matthews (2002), contrary to the widely held view, the largest group of offenders who rob commercial establishments are ... robbers. (d) amateur The following characteristics must be present for a crime to be constituted as a robbery • the unlawful and intentional; • theft of property (such as a motor vehicle); • the use of violence (e.g. through the use of a weapon) or threats of violence (the victim believes that his/her live is in danger) and; • a causal link between the violence and taking of the property For definitional purposes, the South African Police Service (SAPS) (2013a:58) makes a distinction between the robbery of a motor vehicle and the hijacking of a truck: (+) the robbery of a motor vehicle or so-called "carjacking" is "the unlawful and intentional forceful removal and appropriation of a motor vehicle (excluding a truck) belonging to another"; (+) a truck hijacking is defined as "the unlawful and intentional forceful removal and appropriation of a truck (excluding a light delivery vehicle) belonging to another". TYPES OF VEHICLES TARGETED (+) Older vehicles (7-21 years old) are at higher risk of theft, (+) vehicles that are one to four years old are at the highest risk of being hijacked. (+) sedans are more frequently targeted, (+) while mini-buses and pick-up trucks are at a much higher risk of being stolen or hijacked (+) Vehicle characteristics such as colour, model and low mileage are most often the biggest factors in hijackings done 'on demand', i.e. on 'orders' placed by 'clients'. (+) vehicle hijackers tend to focus on the type of vehicle model, the value of the vehicle or its cargo (in the case of trucks), and the availability of a market for the specific model (+) the favourites are new luxury vehicles such as Mercedes Benz and BMW. Sports utility vehicles (SUVs) and luxury 4X4s are still commonly targeted, while Toyota and Volkswagen remain two of the most popular brands The causes and motives for vehicle hijackings include: • Anti-theft devices. • Profitable market. • Insurance fraud. • Need for power. • Availability of illegal and stolen firearms. • Violence, disorganisation and other factors. • Anti-theft devices. According to BACSA (2009:3), anti-theft devices have a major impact on the overall rate of motor vehicle theft. Young and Borzycki (2008:2) state that the increase in vehicle hijacking as a result of improved vehicle security is well documented. By hijacking a vehicle (when the victim is present), enables the perpetrator to force the victim to immobilise anti-hijacking devices (Davis 2003:176). • Profitable market. Many motor vehicles are stolen for a specific market. BACSA (2009:5) states, for example, that four-wheel-drive vehicles and pick-up trucks are stolen specifically for the export market to African countries. This is reiterated by Young and Borzycki (2008:3), who note that most vehicle hijackings take place to acquire certain makes and models - which is often on 'order'. Minnaar and Zinn (2000:4) mention that South Africa is a major source for stolen vehicles in Africa. Many vehicles that have been recovered have been found in countries such as Cyprus, Greece, Portugal and Australia, and various African States. • Insurance fraud. Insurance fraud also contributes to the lucrativeness of vehicle hijacking. With the cost of vehicles increasing, some vehicle owners decide to pay vehicle hijackers to 'steal' their vehicles. They usually report the case to the authorities in order to get a case number from the police, which enables them to make a claim from the insurance company. The owner is also often paid by the perpetrators for the sale of the vehicle (Longman 2006:2). • Need for power. Young and Borzycki (2008:3) claim that power is also a motivating factor for vehicle hijacking. Studies have shown that specific persons' vehicles are targeted as a result of them 'flaunting' their vehicles and because of their 'arrogant behaviour'. Perpetrators explained that some vehicles are often targeted after the victims noticed them (the perpetrators) but chose to lock their doors even though no crime had as yet occurred (Young & Borzycki 2008:3). Perpetrators may also derive a sense of excitement and thrill from the desire to show off, intimidating victims or get excitement from the risk of being caught (Zinn 2013:188; Jacobs 2013:526). • Availability of illegal and stolen firearms. The availability of illegal and stolen firearms motivates criminals to commit crime. The illegal arms trade, drug trafficking, money laundering and vehicle smuggling are often linked to vehicle theft and robbery (Minnaar & Zinn 2000:4). Firearms are considered a main source in facilitating criminal activities such as vehicle hijackings (ISS 2013:1). In 2012, it was reported that 1202 police firearms have been lost or went missing since the beginning of 2011 (SAPA 2012:1). It is noted that vehicle hijackers rarely pursue a vehicle hijacking without a firearm (Bezuidenhout & Klopper 2011:225). • Violence, disorganisation and other factors. Zinn (2013:184) attributes South Africa's subculture of violence and unique socioeconomic circumstances to the increase in vehicle hijacking.