Robbery Flashcards
(38 cards)
ROBBERY
Section 234(1), Crimes Act 1961
- 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
AGGRAVATED ROBBERY (a)
Section 235(a), Crimes Act 1961
- Robs any person
- At the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm
- To any person
AGGRAVATED ROBBERY (b)
Section 235(b), Crimes Act 1961
- Being together with any other person or persons,
- Robs
- Any person
AGGRAVATED ROBBERY (c)
Section 235(c), Crimes Act 1961
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Robs
- Any other person
ASSAULT WITH INTENT TO ROB (1)(a)
Section 236(1)(a), Crimes Act 1961
- With intent to rob any person
- Causes grievous bodily harm to that person or any other person
ASSAULT WITH INTENT TO ROB (1)(b)
Section 236(1)(b), Crimes Act 1961
- With intent to rob any person
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Assaults that person or any other person
ASSAULT WITH INTENT TO ROB (1)(c)
Section 236(1)(c), Crimes Act 1961
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other person
ASSAULT WITH INTENT TO ROB (2)
Section 236(2), Crimes Act 1961
- Assaults any person
- With intent to rob that person or any other person
Robbery complete
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Robbery complete
R v Peat
the immediate return of the property by the robber does not absolve the crime.
defence to robbery
R v Skivington
Defence to theft (claim of right) is a defence to Robbery
Robbery nexus
R v Maihi
There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.
Threat of Violence
R v Broughton
A threat may be direct or veiled, conveyed by conduct or words, or both. Absence of fear by the victim does not negate the threat.
Together with – Robbery
R v Joyce
Crown must establish at least two people physically present at the time of the robbery.
Together with – Robbery
R v Galey
Being together means two or more person having the common intention to use their combined force.
- Armed with – Offensive weapon
R v Bentham
“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.
Threat of violence - Robbery
Peneha v Police
It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.
To any person - Robbery
R v Wells
there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Lapier - Robbery complete
the immediate return of goods by the robber does not purge the offence
R v Peat - Robbery complete
Defence to theft (claim of right) is a defence to Robbery
R v Skivington – defence to robbery
There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.
R v Maihi - Robbery nexus
A 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 - Threat of violence - Robbery
“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”
R v Joyce - Together with – Robbery
