Robbery Flashcards Preview

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Flashcards in Robbery Deck (22):
1

Section

Sec 234 (1), Crimes Act 1961

2

Penalty

10 years

3

Ingredients

1) Theft
2) Accompanied with violence or threats of violence
3) To any person or property
4)Used to extort the stolen property
or
Used to prevent or overcome resistance to it being stolen

4

Theft - Sec 219 (1) Crimes Act 1961

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.

5

R v Skivington

Larceny (or theft) is an ingredient of Robbery,and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

6

R v Lapier

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

7

Possession

Possession may be actual or potential

8

Actual Possession

Actual possession arises when the thing in question is in a person's physical custody or control

9

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 in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

10

Potential possession

Potential possession arises when the person has the potential to have the thing in question in their control. For example storing the thing in question at an associate's house or through an agent.

11

Accompanied by Violence

The prosecution must prove:

- a connection between the violence or threats of violence and the stealing of the property.

- It must be shown that the defendant had an intent to steal at the time the violence or threats were used

- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen

12

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.

13

Violence

In the context of Robbery, violence must be more than a minimal degree of force and more than a technical assault but does not require physical bodily harm.

14

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.

15

Or Threats of Violence

A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the demands of the robber.

However, threats may also be conveyed by inference through the defendant's conduct, demeanor or even appearance, depending on the circumstances.

16

Violence

In the context of Robbery, violence must be more than a minimal degree of force and more than a technical assault but does not require physical bodily harm.

17

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.

18

To Any Person

Gender neutral, proven by judicial notice or circumstantial evidence.

Violence or threats can be directed at any person, not just the victim.

19

Property - Sec 2 Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.

20

Used to Extort the Property Stolen

Extort means to obtain by coercion or intimidation.

Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

21

Property - Sec 2 Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.

22

Or Used to Prevent or Overcome Resistance to it Being Stolen

To prevent or overcomes means to keep from happening

Or Overcome;
To defeat, to prevail over, to get the better of in a conflict.