Robbery Flashcards
Case Law
“Claim of Right is a defence to robbery”
R v Skivington
Case Law
“Robbery is complete when the property is taken even if Momentary”
R v Laiper
Case Law
“There must a nexus (connection) between the stealing of the property and the threat of violence, both must be present HOWEVER the term does not require the act of stealing and the threat of violence be contemporaneous”
R v Maihi
Case Law
“Return does not negate the offence”
R v Peat
Case Law
“Sufficient that the Defendant acts forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion”
Peneha v Police
Case Law
“Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the Victim does not negate the threat”
R v Broughton
Case Law
“Bodily harm means harm that is really serious”
DPP v Smith
Case Law
“Must establish at least two people physically present at the time”
R v Joyce
Case Law
“Being together means two or more person having the common intention to use their combine force”
R v Galey
Case Law
“A person hand or fingers are not a thing”
R v Bentham
What is the
- Section
- Act
- Elements
“Robbery”
S.234(1) Crimes Act 1961
- Theft
- Accompanied by Violence
OR - Accompanied by Threats of Violence
- Any Person
- Used to extort any stolen property
OR - To prevent or overcome resistance to it being stolen
What case law to consider with the element of “Theft”?
R v Skivington
Claim of Right
R v Lapier
Robbery is complete at the time of property is taken, even momentary
R v Peats
Return does not negate the offence
Definition for “Theft”
Dishonestly and without claim of right
Taking any property
With intent to deprive the owner permanently of that property
OR
of any interest in that property.
What case law to consider with the element of “Accompanied by violence”
- R v Maihi
- R v Mitchell
- Peneha v Police
What case law to consider with “Accompanied with threat of violence”
- R v Broughton
What is the definition of “To any person” ?
Victim is a person is accepted by judicial notice or proved by circumstances evidence
What is the definition of “Used to extort any property stolen” ?
- to obtain by coercion or intimidation
What is the definition of “property” ?
Section 2 - CA1961
Includes any real or personal property
What is the definition of “To Prevent or overcome resistance to its being” ?
Prevent - To keep from happening
E.g When the offender anticipates resistances from the victim and uses violence or threats to ensure it does not commence
Overcome - To get the better of
E.g When the Victim is resisting and the offender uses violence or threats to overpower and subdue the victim
What is the section, Act and elements for “Aggravated Robbery” caused by GBH?
Section 235 (a) CA 1961
- Robs
- Any Person
- At the time of
- Immediately before
- Immediately after
- Causes GBH
- To any persons
What Case Law to consider for GBH ?
DPP v Smith
Bodily Harm needs no explanation and grievous means no more and no less than ‘really serious’
What is the
- Section
- Act
- Elements
for Aggravated Robbery (being together with any other person) ?
- Being together with any person or persons
- Robs
- Any person
What must you prove or have proof of to charge a person with Aggravated Robbery S235(b) ?
Prove the Defendant was part of a joint enterprise by two or more people were physically present at the robbery
Share an intent to steal using their collective force and each must play a role in the robbery
The term ‘together with’ …..
Requires two or more people are actually present and acting together in the commission of Robbery
