Robbery Flashcards
(28 cards)
Robbery - elements and section
s234(1) CA61
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
Aggravated robbery (all) - elements and section
s235(a) CA61
Robs any person
At the time of, OR immediately before OR immediately after, the robbery
Causes GBH
To any person
s235(b) CA61
Being together with any other person or persons
Robs
Any person
s235(c)
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 - elements and section (1 - all)
s236(1)(a) CA61
With intent to rob any person
Causes GBH to that person or any other person
s236(1)(b) CA61
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
s236(1)(c) CA61
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) - elements and section
s236(2) CA61
Assaults any person
With intent to rob that person or any other person
Elements of theft
(a)
Dishonestly
Without claim of right
Takes any property with intent to deprive any owner permanently of that property OR of any interest in that property;
OR
(b)
Dishonestly
Without claim of right
Using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property
After obtaining possession of, or control over, the property in whatever manner
Define dishonestly
Done or omitted without a belief that there was express consent or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Claim of right - definition
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.
Belief may be based on ignorance or mistake of fact or any matter of law
Case law - theft in relation to robbery
R v Skivington
Larceny (or theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out
Case law - robbery complete (x2)
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
R v Peat
As in the case of theft, the immediate return of goods by the robber does not purge the offence, subject always to the necessary intent existing at the time of taking
Case law - robbery and possession
R v Cox
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intention: knowledge is the sense of an awareness by the accused that the substance is in his possession, and an intention to exercise possession
Define property
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Definition of depriving permanently
An intent to deal with property in such a manner that:
- the property cannot be returned to any owner in the same condition; or
- any owner is likely to be permanently deprived of or of any interest in the property
Definition of ownership of property
A person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has -
- possession or control of the property; or
- any interest in the property; or
- the right to take possession or control of the property
An owner of any property may be guilty of theft against another owner of that property
*** Case law - Violence - nexus
R v Maihi
It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing, and a threat of violence. Both must be present.
However the term does not require that the act of stealing and the threat of violence be contemporaneous
Case law - threat on operation of the mind
R v Mitchell
There may be occasions where property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time, the question will be one of fact and degree in each case
- Case law - level of violence used
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort
Case law - threats of violence
R v Broughton
A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both”.
(R v Pacholko) The actual presence or absence of fear on the part of the complainaint is not the yardstick. It is the conduct of the accused which has to be asessed rather than ‘the strength of the nerves of the person threatened’.
Define extort
To obtain by coercion or intimidation
Define prevent
To keep from happening
Define overcome
To defeat, to prevail over, to get the better of in a conflict
Aggravated robbery - elements and section
s235
(a) Robs any person and, at the time of, or immediately before or immediately after the robbery, causes GBH to any person; or
(b) Being together with any other person or persons, robs any person; or
(c) 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
Case law - GBH
DPP v Smith
Bodily harm needs no explanation and grevious means no more and no less than really serious
Case law - 2 or more people (x2)
R v Joyce
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 Galey
Being together in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime
Elements of offensive weapon
s202A CA61
(1) Offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use (re 4a)
(2) Offensive weapon means any article capable of being used for causing bodily injury (re 4b)
(3) Disabling substance means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use
4(a) without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance; or
4(b) who has in his or her possession in any place any offensive weapon or disabling substances in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
