What would this person be charged with?

IRISH RAIL

So this evening I disarmed and held a member or a certain Irish minority group as she held up my local centra ( it was in the "Q" )

She had a knife and tried to make off with 75 euro not much I know gave the particulars to the observer and he will call me in due course.
But (theres always a but)
I was wondering will she be charged with armed/aggrevated robbery or just larceny?
I know the larceny will prob be a slap on the wrist by the courts depending on her previous.
Cheers

Shield

Moved from ES with redirect.

the locust

Sounds like attempted robbery - did you retain the knife?, do the guards have it - a possession of knives charge

dirtynosebeps

"LARCENY - Illegal taking and carrying away of personal property belonging to another with the purpose of depriving the owner of its possession.

The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to the taker's use and make them his property without the consent of the owner.

To constitute larceny several ingredients are necessary. The intent of the party must be felonious; he must intend to appropriate the property of another to his own use. If the accused have taken the goods under a claim of right, however unfounded, he has not committed a larceny.

There must be a taking from the possession, actual or implied, of the owner; hence if a man should find goods and appropriate them to his own use, he is not a thief on this account.

There must be a taking against the will of the owner and this may be in some cases where he appears to consent; e.g., if a man suspects another of an intent to steal his property, and in order to try him, leaves it in his way and he takes it, he is guilty of larceny. The taking must be in the county where the criminal is to be tried. But when the taking has been in the county or state and the thief is caught with the stolen property in another county than that where the theft was committed, he may be tried in the county where arrested with the goods, as by construction of law, there is a fresh taking in every county in which the thief carries the stolen property.

There must be an actual carrying away, but the slightest removal, if the goods are completely in the power of the thief, is sufficient; to snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair, is a sufficient asportation or carrying away.
The property taken must be personal property."
this is an amercian version but the contents basically apply to irish law as well.

the above might help a bit.
the definition of larceny is also broken down into about 7 catagories.
capable of being stolen,without owners consent, intent must be there etc. so i'd hazzard a guess that the offence would most likely be dealt with as armed/attempted armed robbery.

PCPhoto

ha...most likely you'd be charged with assault !!

only kiddin'

given the system we have there could be a litany of offences but the gardai would need for her to plead guilty in order to speed things up - accept she was caught red handed.

probably: attempted robbery and possession of an instrument with intent to harm/intimidate.... which would be dropped to simple attempted robbery when before the courts and other matters taken into account.

the gardai would most likely commend you (OP) for your bravery - or charge you with assault.

Dont be surprised if the "accused" claims injuries and takes a civil action against you.... the robbers/thieves scumbags of this country have the best available solicitors/lawyers and legal advice GIVEN to them so they know every loophole and backward method of "earning" money.

Sorry for the mini-rant....just have a hatred for scumbags/robbers/thieves etc

IRISH RAIL

I TELL YA if she does try that id go back and make sure I did assault her!!!

cheers for the replys I was just curious as to what kind of sentence shed get and as I suspected prob feck all



nice job judge really great system we have here!

Jo King

IRISH RAIL wrote: »

So this evening I disarmed and held a member or a certain Irish minority group as she held up my local centra ( it was in the "Q" )

She had a knife and tried to make off with 75 euro not much I know gave the particulars to the observer and he will call me in due course.
But (theres always a but)
I was wondering will she be charged with armed/aggrevated robbery or just larceny?
I know the larceny will prob be a slap on the wrist by the courts depending on her previous.
Cheers

Did she threaten anyone with the knife? If she did the charge is robbery. If not the charges are theft and possession of articles.
Larceny was abolished as an offence 8 years ago and the definition given above is out of date.

dermot_sheehan

Section 4 Theft
Section 14 Robbery


Criminal Justice (Fraud and theft) Offences Act 2001

section 9 Firearms and Offensive Weapons Act Possession of a knife in public place


The question of what penalty is imposed dependent on whether its tried summarily or on indictment. Summarily its a maximum of 12 months and a €5,000 fine.

On indictment its a maximum of life for the robbery charge and an unlimited fine.

The DPP's general directions under section 8 of the Garda Siochana Act don't cover the knife or robbery charge. For the theft charge the DPP directs that in general where property less then €7,000 is stolen, it can be proceeded with summarily without need to contact the DPP's office.

Even if it's dealt with summarily, I'd imagine there's a relatively high chance of a custodial sentence. Robbery with a knife is quite serious as it can result in homicide quite easily.

timmywex

No legal expert but well done, it takes balls to confront someone like that!!

jazzy_jeff

gabhain7 wrote: »

Section 4 Theft
Section 14 Robbery


Criminal Justice (Fraud and theft) Offences Act 2001

Would it be too much of a stretch to say Aggravated Burglary under S.13?