Legal Definitions - stouthrief

In Scots law, stouthrief refers to a specific type of robbery that occurs either inside or very close to a person's home, but without the perpetrator having to break into the dwelling itself. It is distinct from housebreaking because the act of forced entry into the building is not present.

Essentially, it describes a robbery committed at or immediately adjacent to someone's residence, where the perpetrator does not need to force entry into the house to commit the crime.

• Example 1: Robbery at the Threshold

  Imagine a person returning home late at night, fumbling with their keys at their front door. Before they can unlock it, an assailant approaches them from behind, demands their wallet and phone, and takes them by force. The assailant then flees without attempting to enter the house.

  This scenario illustrates stouthrief because the robbery occurred directly at the threshold of the victim's dwelling, a location considered "near one's dwelling." Crucially, the assailant did not break into the house; the robbery happened outside, at the point of entry.

• Example 2: Robbery in the Garden

  Consider a homeowner tending to their garden, which is immediately adjacent to their house. An individual enters the garden, confronts the homeowner, and forcibly takes a valuable piece of jewelry from their person before running away. The individual did not attempt to enter the house itself.

  This situation qualifies as stouthrief because the robbery took place within the immediate vicinity of the victim's home (their garden), which is considered "near one's dwelling." There was no forced entry into the house, only a robbery committed on the property itself.

• Example 3: Robbery on the Porch

  A resident is sitting on their front porch, which is an integral part of their dwelling's immediate exterior. A stranger approaches, brandishes a weapon, and demands the resident's laptop and other valuables that are on the porch table. After taking the items, the stranger leaves without entering the house.

  This is an instance of stouthrief because the robbery occurred on the front porch, a space directly connected to and considered part of the dwelling's immediate surroundings. The key element is that the robbery happened at the dwelling without any forced entry into the main structure of the house.