4. Robbery Flashcards
What offence does s234(1) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Robbery
- Theft
- Accompanied by violence OR accompanied by threats of violence
- To any person or property
- Used to extort the property stolen OR to prevent or overcome resistance to its being stolen.
10 years imprisonment
Define “theft”
Dishonestly without claim of right takes any property with intent to permanently deprive any owner of that property
Define “claim of right” in relation to robbery.
Cite relevant case law.
Belief in possessory or proprietary right in the property.
R v Skivington - claim of right is a defence to theft, and there too robbery.
Define “violence” in terms of robbery.
Cite relevant case law.
More than the minimal degree of force. Although injury does not need to occur.
Peneha v Police - actions of the defendant interfere with the personal freedom of the victim, or amount to powerful/violent action producing a powerful effect which tends to cause bodily injury/discomfort.
Explain “threats of violence”
Cite relevant case law.
Usually either a direct or veiled/inferred threat.
R v Maihi - must be link between threat and stealing. Need not be at the same time.
R v Mitchell - previous threats made can be on the Victims mind and induce robbery. Assessed by facts and degree of each case.
R v Broughton - threats may be direct or veiled. Conveyed by words, actions or both. Absence of fear by the victim does not negate threat.
Define “any person”
Gender neutral. Proved by judicial notice or circumstantial evidence.
Define “extort”
Obtain by coercion or intimidation
Define “prevent”
To keep from happening
Define “overcome”
To defeat/prevail over/to get the better on conflict
Define “property”
Real, personal property, estate or interest. Can be tangible or intangible.
What are the different forms of aggravated robbery?
- Caused GBH to any person [s235(a)]
- Acted with another person [s235(b)]
- Armed with a weapon/instrument [s235(c)]
What offence does s235(a) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Aggravated robbery (Causes GBH)
- Robs any person
- At the time of OR immediately before OR immediately after, the robbery
- Causes GBH
- To any person
14 years imprisonment.
What is the definition of “at the time of” in regards to aggravated robbery (GBH)
A situation where violence is actually used to extort the property or prevent/overcome resistance to it.
Causes GBH during this process.
Explain “immediately before/immediately after”.
Considered on each case - a matter of fact and degree to be determined.
Define “causes”
Makes them criminally liable for it.
What is GBH?
Grievous bodily harm. Really serious harm (DPP v Smith)
Explain “to any person” in relation to aggravated robbery (GBH)
Cite relevant case law.
The person suffering GBH need not be the victim of the robbery.
R v Wells
What offence does s235(b) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Aggravated robbery (together with)
- Being together with any person or persons
- Robs
- Any person
14 years imprisonment
Explain “being together with”.
Cite relevant case law.
Must be “physically proximate” - two or more people physically present and acting in the commission of the robbery.
Joint enterprise must exist - mere presence does not suffice.
R v Joyce - 2 or more must be physically present.
R v Galey - 2 or more working together with common intent to rob.
What offence does s235(c) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Aggravated robbery - with weapons.
- Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument.
- Robs
- Any other person
14 years imprisonment.
Explain “being armed with”
Carrying the item, or has it available for immediate use as a weapon.
What are the three broad definitions of an offensive weapon in regards to aggravated robbery?
1) Items made solely for attacking/causing injury (firearms, sword, knuckledusters etc).
2) Innocent item altered for causing injury (i.e. bottle broken jagged edge)
3) Items intended to cause injury carried by the defendant for that purpose (baseball bat, knife etc.)
Explain what an “instrument” is
Any item intended to be used as a weapon
Explain the element “appearing to be such” in regards to aggravated robbery- with weapons.
Cite relevant case law.
Object that appeared to be a weapon to the victim, and used in such a way by the defendant.
R v Bentham - can’t be body parts (finger gun inside pocket)
