Case Law and Definitions Flashcards
(25 cards)
Theft
Dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.
Dishonestly
In relation to an act or omission, means done or omitted without belief that there was express consent or implied consent to, authority for, the act or omission from a person entitiled to give such consent or authority.
Claim of Right
Means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enacntment which the offence is alleged to have been committed.
Takes
For tangible property, theft is committed by a taking when the offender moves the property.
R v Lapier
Robbery is complete the instant the property is taken, even if posssession by the theif is only momentary.
R v Skivington
Claim of right is a defence to robbery.
R v Peat
The immediate return of goods by the robber does not purge the offence.
R v Cox
Possesson involves two elements
The physical element is actual or potential physical custody or control.
The mental element is a combination of knowledge and intention
R v Maihi
Accompanied
There must be a nexus between the act of stealing and a threat of violence however does not need to be contemporaneous.
Peneha v Police
Forcibly interfereing with personal freedom.
R v Broughton
Threats
The threat may be direct or veilled. It may be conveyed by words or conduct or a combination of both.
R v Pacholko
Threat
It is the conduct of the accused to be assessed than the nerves of the person threatened.
Extort
To obtain by coercion or intimidation
Prevent
Keep from happening
Overcome
To defeat or prevail over.
Robbery
Theft accompanied by violence or threats of violence to any person or any property used to extort property stolen or prevent or overcome resistance to its being stolen.
Grevious Bodily Harm
Harm that is really serious
DPP v Smith
Bodily harm needs no explanation and grevious is really serious.
R v Wells
No requirment that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.
Together With
Requires two or more people that are actually present and acting together in the commission of an offence.
R v Joyce
At least two persons were physically present at the time the robbery was committed.
R v Galey
Two or more persons having the common intention to use their combined force.
Being armed with
Defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon
Any article made or altered for use for causing bodily injury.
