The taking must be from

in the pre

sence, &c.

robbery to cut a man's girdle in order to get his purse,
the purse thereby falling to the ground, if the robber
was compelled to run off before he could take it up.

The taking must be from the person, or in the prethe person, or sence of the party robbed. Thus it is robbery to put a man in fear, and then in his presence to drive away his cattle. So also by threats to compel him to deliver up his property, though the robber never touch his person. In the case of simple larceny, there must be some severance of the property. In robbery there must be something more, namely, a complete removal from the person of the party robbed. Removal from the place where it is, if it remains throughout with the person, is not sufficient (f).

Against the will.

Punishment.

The taking must be against the will of the person robbed. Therefore when he, through a third party, procured others to commit the robbery in order that he might get the reward upon the conviction, it was held not to be robbery (g).

Robbery may be punished by penal servitude to the extent of fourteen years (h). If the robbery is accompanied by violence, either at the time of, or immediately before, or immediately after such robbery; or if the robbery, or assault with intent to rob, is by a person armed with any offensive weapon or instrument; or if the robbery or assault with intent to rob is by two or more persons, penal servitude to the extent of life may be awarded (i). By a later statute, in the case of a male, sentence of private whipping once, twice, or thrice may be added (j).

(f) R. v. Thompson, 1 Mood. C. C. 78; but see R. v. Lapier, 1 Leach, 320.

(g) R. v. Macdaniel, Fost. 121, 128. Cf. R. v. Eggington, p. 209; R. v. Williams, 1 C. & K. 195.

(f.) Stealing from the Person.

the person.

Under this head fall all other cases of stealing from Stealing from the person, not attended by violence or putting to bodily fear. Of this nature is pocket-picking when the offence is committed privily. An actual taking must be proved, inasmuch as the nature of the case precludes there being anything like a constructive taking, such as the delivery, &c., in robbery.

The principles of robbery as to the severance, taking, intent, &c., generally apply. The punishment is the same as for simple robbery, namely, penal servitude to the extent of fourteen years (k).

(g) Assault with intent to rob.

It seems convenient to notice this offence here, seeing Assault with that the evidence upon an indictment for such assault intent to rob. usually proves a robbery with the exception of a taking and carrying away, which for some reason are not effected. No actual violence need be done, but anything done in the presence of the party intended to be robbed, with reference to him, in furtherance of the intent to rob him, will constitute the assault (). need there be any demand of money.

Nor

The punishment for this felony (save and except where a greater punishment is provided by the Act) (m) is penal servitude to the extent of five years (n).

assault on in

If on an indictment for robbery the jury are of Verdict of opinion that the prisoner did not commit robbery, but dictment for did commit an assault with intent to rob, they may find robbery. him guilty of the latter offence, and he will be punished

Post office offences.

Offences by post office employés.

Offences by any person.

accordingly (o). But on an indictment for assault with intent to rob, the defendant cannot be convicted of a common assault (p).

LARCENY, ETC., IN RELATION TO THE POST OFFICE.

The law on this subject is contained chiefly in the Post Office Act (g). Two classes of offences may be distinguished, according as the offenders are (a) Post office employés; (b) Persons generally, whether so employed or not.

(a.) For a person employed under the Post Office.

To steal, or for any purpose whatever embezzle, secrete, or destroy a post-letter, is a felony, punishable by penal servitude not exceeding seven years, or imprisonment not exceeding three years. If the letter contains any chattel, money, or valuable security, the punishment is penal servitude to the extent of life, or imprisonment not exceeding four years (r). If the thing stolen, embezzled, &c., is any printed matter; or if such printed matter is wilfully detained or delayed, the offence is a misdemeanor, punishable by fine or imprisonment, or both (s).

Contrary to his duty, to open or procure or suffer to be opened a post-letter, or to detain, delay, or procure to be detained, &c., a post-letter, is a misdemeanor, punishable by fine or imprisonment, or both (t).

(b.) For any person

To steal from a post-letter any chattel, money, or valuable security; or to steal a post letter-bag, or a

post-letter from a post letter-bag, or from a post office or from any officer of the post office, or from a mail; or to stop a mail with intent to rob or search the same, is a felony, punishable with penal servitude to the extent of life, or imprisonment not exceeding four years (u).

To steal or unlawfully take away a post letter-bag sent by a post office packet; or to steal or unlawfully take a letter out of any such bag; or to unlawfully open any such bag, is a felony, punishable with penal servitude to the extent of fourteen years, or imprisonment not exceeding two years (x).

To fraudulently retain, or wilfully secrete, keep, or detain, or neglect or refuse to deliver up when required by an officer of the post office, a letter after it has been delivered by mistake or found, is a misdemeanor, punishable by fine and imprisonment (y).

To solicit or endeavour to procure any other person to commit a felony or misdemeanor, punishable by the Post Office Acts, is a misdemeanor, and is punishable by imprisonment not exceeding two years (z).

in postmaster

The property in the article stolen, whether it be Property laid bag, letter, or money, or other goods contained therein, general. is to be laid in the postmaster-general (a).

In connection with this subject, it should be noticed Telegrams. that written or printed messages delivered at a post office for the purpose of being transmitted by a postal telegraph, and every transcript thereof officially made, are deemed post-letters within the above Act (b). For

meanor.

officials of the post office to disclose or intercept telegraphic messages is a misdemeanor, punishable by imprisonment not exceeding twelve months (c).

RECEIVING STOLEN GOODS.

Receiving The offence of receiving stolen property, knowing it stolen goods, when a felony, to have been stolen, was at common law a misdemeanor when a misde only. By the Larceny Act, 1861, it is made a felony if the principal crime (stealing, &c.) amounts to a felony at common law or by that Act. So that the only case in which receiving still continues a misdemeanor is where the principal crime is not a felony either at common law or by that Act; for example, receiving goods obtained by false pretences, or obtained by means of the felony established by 31 & 32 Vict. c. 116, s. I (d).

How a receiver

Receivers, where the principal crime amounts to a may be tried felony at common law or by the Larceny Act, may be tried in either one of two capacities:

&c.

(i.) As accessories after the fact (i.e., of larceny, &c.).

(ii) As committers of a distinct or substantive felony and in this case, whether the principal has or has not been previously convicted, or even if he is not amenable to the criminal law.

The statute (e) establishing this optional mode of proceeding, enumerates the offenders subject thereto as -those who receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise disposing whereof amounts to a felony either at common law or by virtue of that Act, knowing the same to have been feloniously stolen, taken, &c.

(c) 31 & 32 Vict. c. 110, s. 20.

(d) R. v. Smith, L. R. 1 C. C. R. 266; 39 L. J. (M.C.) 112. (e) 24 & 25 Vict. c. 96, s. 91.