Robbery Flashcards
(22 cards)
S 234(1), CA 61
Robbery
-Theft
-Accomoanied by violence or threats of violence
-to any person or property
-used to extort the property stolen
Or
To prevent or overcome resistance to its being stolen
10yrs
Theft
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 it omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled 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 face
Takes
Theft is committed by taking when the offender moves the property or causes it to be moved
Taking does not include obtaining ownership or possession of or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
R v Skivington
Defence to theft (claim of right) is a defence to robbery
Possession
Physical actual and potential
Mental knowledge and intent
R v Cox
Takes
Definition
For tangible property theft is committed by taking when the offender moves the property or causes it to be moved
R v Lapier
R v Skivington
Discuss possesion
Position is made up of physical and mental. Physical includes actual, the thing is in their physical position, or potential, have the potential to have the thing in their control.
Mental includes the knowledge that they possess it and their intent to possess it
Proof of possession requires proof of the physical (actual reus) and mental (mens rea)
R v Cox
Control - to exercise authoritative or dominating influence over it
Claim of right
Definition
In relation to any act 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
Property
Includes real and personal property, and any estate or interest in any real or personal property, any debt, and any thing action and any other right or interest
Accompanied by violence
Defendants intention to steal at the time the violence or threats were used and were used for the purpose of extorting the property or overcoming resistance
Accompanied by
R v Maihi
It is implicit in accompany that there must be a nexus (connection) between the act of stealing and a threat of violence. Both must be present.
However the term does not require the act of stealing and the threat of violence be contemporaneous.
Violence
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 marked or powerful effect tending to cause bodily injury or discomfort.
Accompanied by threats of violence
Defendant had intent to steal at the time the violence or threats were used and were used for the purpose of extorting the property or overcoming resistance
Accompanied by
R v Maihi
It is implicit in accompany that there must be a nexus (connection) between the act of stealing and a threat of violence. Both must be present.
However the term does not require the act of stealing and the threat of violence be contemporaneous.
Violence
Penetration 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 marked or powerful effect tending to cause bodily injury or discomfort.
Threat of violence
R v Broughton
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.
Any person
Or any property
Person
X is a person etc
Threat can be against any person
Property
Definition
Includes real and personal property and any estate or interest in any real or personal property, any debt, any thing in action, any other right or interest
Used to extort the property stolen
Or
To prevent or overcome resistance to its being stolen
Extort
To obtain by violence, coercion or intimidation
Prevent
To keep from happening. Offender anticipates resistance from the victim and uses violence to ensure it does not start
Overcome
To defeat, to prevail over, to get the better of in conflict
S 235(a), CA 61
Aggravated Robbery
- Robs
- any person
-At the time of/immediately before/immediately after the robbery
-Causes grevious bodily harm to any person
Robbery
Theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance resistance to its being stolen
Theft
(Dishonestly, without claim of right, takes any property with intent to deprive the owner permanently of that property)
Accompanied by violence or threats of violence
To any person or property
Used to extort the property stolen
Or to prevent or ovcercim resistance to its being stolen
At the time of, or immediately before or immediately after the robbery, causes grevious bodily harm
235(a)
Grevious bodily harm
Harm that is really serious
DPP v Smith
Bodily harm needs no explanation and grevious means no more or no less than very serious
S 235(b), ca 61
Aggravated Robbery
-Being together with any other person or persons
-Robs
-Any person
Being together with any other person or persons
S235(b)
Together with requires that two or more people are actually present and acting together in the commission of the robbery
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 235(b) involved two or more persons having the common intention to use their combined force, directly in the perpetration of the crime
s235(c),ca 61
Aggravated Robbery
- Being armed with any offensive weapon/instrument/anything appearing to be such a weapon or isntrument
- Robs
- Any other person
Being armed with any
235(c) and 236(1)(b)
Defendant is carrying the item or has it available for immediate use as a weapon
Offensive weapon or instrument
Or anything appearing to be such a weapon or instrument
235(c) and 236(1)(b)
Offensive weapon
Defined s202A of CA
1) Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
2) offensive weapon means any article capable of being used for causing bodily injury
Anything appearing to be
R v Bentham
What is possessed must be a thing. Does not include part of a persons body
S 236(1)(a)
Assault with intent to rob
- with intent to rob any person
- Causes grevious bodily harm to that person/or any other person
14yrs
S 236(1)(b), ca61
Assault with intent to rob
-with intent to rob any person
-being armed with any offensive weapon/instrument/anything appearing to be such a weapon or instrument
-assaults that person or any other person
14yrs
S 236(1)(c)
Assault with intent to rob
-With intent to rob any person
- Being together with any Perth person/persons
-assaults that person or any other person
14yrs
Assaults that person or another person
S236(1)(b)
Intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other to believe in reasonable grounds that he has present ability to defect his purpose
S 235(2), CA61
Assault with intent to rob
- Assaults
- Any person
- With intent to rob that person or any other person
