Robbery Flashcards
(21 cards)
Robbery
CA 1961
Robbery
Section: 234 (1), CA 61
- Theft
- Accompanied by violence / Accompanied by threats of violence
- To any person or property
- Used to extort the property stolen / To prevent or overcome resistance to it being stolen
Aggravated Robbery - GBH
CA 1961
Aggravated Robbery - GBH
Section 235(a), CA 1961
- Robs any person
- At the time OR immediately before OR immediately after
- Causes GBH
- To any person
Aggravated Robbery - Two +
CA 1961
Aggravated Robbery - Two +
Section 235 (b), CA 1961
- Being together with any other person or persons
- Robs any person
Aggravated Robbery - Weapon
CA 1961
Aggravated Robbery - Weapon
Section 235 (c) 1961
- Being armed with an offensive weapon or anything appearing as such an offensive weapon
- Robs any other person
Assault with Intent to Rob - GBH
CA 1961
Assault with Intent to Rob - GBH
Section 236 (1)(a), CA 1961
- With intent to rob any person
- Causes GBH to that person or any other person
Assault with Intent to Rob - Weapon
CA 1961
Assault with Intent to Rob
Section 236 (1)(b), CA 1961
- With intent to rob any person
- Being armed with an offensive weapon / instrument or anything appearing such as an offensive weapon or instrument
- Assaults that person or any other person
Assault with Intent to Rob - Two +
CA 1961
Assault with Intent to Rob - Two +
Section 235 (1)(c), CA 1961
- With intent to Rob any person
- At the time, immediately before or immediately after
- Assaults that person or any other person.
Define: Theft
Dishonesty, WCOR, Takes any property, with intent to permanently deprive the owner of that property.
R v Lapier
Robbery is complete the instant the property is taken
R v Skivington
Theft is an element of robbery, if the honest belief that a man has claim of right is a defence then it negatives ones of the elements and the the offence of Robbery can not be completed
R v Peat
Immediate return of goods does not purge the offence
R v Cox
Possession involves two elements.
Physical, potential custody or control.
Mental, is a combination of knowledge and intention
Intent
To commit an act to get specific result
R v Collister
Circumstantial Evidence
- Offenders actions / words - before, during and after
- Surrounding circumstances
- The nature of the act itself
R v Maihi
Nexus link / Connection / Active link between the act of stealing and a threat of violence, both must be present but doesn’t have to be contemporaneous.
Peneha v Police
PPP
the actions of the defendant forcibly:
- interfere with personal freedom
- violent action
- cause bodily injury or discomfort
R v Broughton
Threat of violence may be direct or veiled. It may be conveyed by words or conduct or combo of both.
Define: Extort and Overcome
Extort - To obtain by coercion or intimidation
Overcome - to defeat, to prevail or to get the better in conflict.
R v Joyce
Choice Bro - Two
At least two people physically present at the time the robbery was committed or assault committed
R v Galey
Being together involves two or more persons having the common intention to use their combined force.
Define: Offensive weapon
