Robbery Liabilities, Case Law and definitions Flashcards
(55 cards)
Section 219(2)(a) Crimes Act 1961
(2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that
(a) the property cannot be returned to any owner in the same condition
Section 219(1)(b) Crimes Act 1961
(1) Theft or stealing is an act of, -
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive the owner permanently or of any interest in the property after obtaining possession of, or control over, the property in whatever manner.
Section 219(1)(a) Crimes Act 1961
(1) Theft or stealing is an act of, -
(a) Dishonestly and without claim of right taking any property with the intent to deprive any owner permanently of that property or of any interest in that property.
Section 219(2)(b) Crimes Act 1961
(2) An intent to deprive any owner permanently of property includes an intent to deal with any property in such a manner that, -
(b) Any owner is likely to be permanently deprived of any property or of any interest in the property.
Section 234(1) Crimes Act 1961
ROBBERY
- Theft
- Accompanied by violence OR threats of violence
- To any persons OR property
- Used to extort the property stolen OR to prevent OR overcome resistance to the property being stolen.
Section 235(a) Crimes Act 1961
AGGRAVATED ROBBERY
- Robs any person
- At the time of OR immediately before OR immediately after
- Causes Grievous Bodily Harm
- To any person
Section 235(b) Crimes Act 1961
AGGRAVATED ROBBERY
- Being together with any other person OR persons
- Robs
- Any person
Section 235(c) Crimes Act 1961
AGGRAVATED ROBBERY
- Being armed with any offensive weapon OR instrument OR something appearing to be such an offensive weapon OR instrument
- Robs
- Any person
Section 236(1)(a) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Causes Grievous Bodily Harm
- To that person OR any other person
Section 236(1)(b) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Being armed with any offensive weapon OR instrument OR such a thing appearing to be such an offensive OR instrument
- Assaults
- That person OR any other person
Section 236(1)(c) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Being together with any person OR persons
- Assaults that person OR any other person
Section 236(2) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- Assaults any person
- With intent to rob that person OR any other person
R V BROUGHTON
A threat of violence is the manifestation of an intention to inflict violence unless the property OR money is handed over.
- The threat may be direct OR veiled.
- It may be conveyed by words OR actions OR a combination of both.
- The fear on the part of the victim is irrelevant.
R V PEAT
The immediate return of the items does not negate the offence.
R V LAPIER
Theft is complete the instant property is taken, even if possession is only momentary.
R V MAIHI
ACCOMPANY
There must be a connection between the act of stealing and the threat of violence.
- Not required to be contemporenous
R V MITCHELL
There may be occasions where property is handed over as a result of threats previously made by and is still on the minds of the victim.
PENEHA V POLICE
LEVEL OF VIOLENCE
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
- Causing bodily injury or discomfort.
DPP V Smith
“Bodily harm” needs no explaining and “grievous” means no more and no less than “really serious”.
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 GALLEY
BEING TOGETHER
“Being together” involves two or more people having the common intention to use their combined force, either in any event OR circumstances, directly in the perpetration of the crime.
“Offensive weapon”
- Items that are made solely for the purpose of attacking or inflicting injury. EG. Firearms, swords OR knuckle dusters.
- Items that may otherwise have innocent purposes but have been altered OR adapted for use for causing injury, such as a bottle that has been deliberately broken to created a jagged edge.
- Items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that purpose. EG. Baseball bat OR knife.
R V PACHOLKO
Application: Threat of violence - Robbery
The actual presences or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’.
R V WELLS
Application: To any person - robbery
There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.
