Day 4: Robbery Flashcards
Robbery
Section and Elements
Section 234 (1)
- 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.
Aggravated Robbery (a)
Section and Elements
Section 235(a) CA 1961
- Robs
- Any person
- At the time of or immediately before or immediately after, the robbery
- causes GBH
- to any person
Aggravated Robbery (b)
Section and Elements
Section 235(b) CA 1961
- being together with any other person(s)
- robs
- any person
Aggravated Robbery (c)
Section and Elements
Section 235(c) CA 1961
- 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 (1)(a)
Section 236(1)(a)
- With intent to rob any
person - Causes GBH
- to that person or any
other person
Assault with intent to rob (1)(b)
Section 236(1)(b)
- With intent to rob any
person - being armed with any
offensive weapon or
instrument or anything
appearing to be such a
weapon or instrument - assaults that person or
any other person
Assault with intent to rob (1)(c)
Section 236(1)(c)
- 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)
Section 236(2)
- Assaults
- Any person
- With intent to rob that
person or any other
person
Theft definition:
Caselaw
Dishonestly and WCOR, taking/using or dealing with any property with intent to deprive any owner permanently of that property or interest
R v Lapier
R v Peat
R v Cox
Claim of right definition:
A proprietary right to the property – s2 CA 1961
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
Defence to theft (claim of right) is a defence to robbery
R v Peat
The immediate return of the goods does not purge the offence
R v Cox
Possession
Possession involves 2 elements:
1) Physical element. Actual possession or control.
2) Mental element. Combination of knowledge and intention
Ownership definition (a,b,c)
a) possession or control of
the property
b) any interest in the
property
c) the right to take
possession or control of
the property
Nexus meaning:
Connection or link
R v Maihi
There must be a connection between the act of stealing and threat of violence. Both must be present; however, the term does not require that the act of stealing and threat by made contemporaneously.
R v Mitchell
previously made threats on the victim’s mind, assessed by fact and degree in each case.
Peneha v Police
Sufficient that the defendants acts forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion
R v Broughton
Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the threat.
Extort definition:
Obtained by coercion or intimidation
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 with” in the context of section 235(b) involved “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.”
R v Bentham
A persons body is not a weapon (ie a hand under the shirt)
When is theft committed by ‘taking’ in regards to tangible property?
Section 219 (4)
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved
Three broad classes of offensive weapon:
- Items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords or knuckledusters.
- Items that may otherwise have an innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to create 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, such as a baseball bat or a knife
Accompanied by violence definition and caselaw:
More than a minimal degree of force but need not involve the infliction of bodily injury
Peneha V Police
Threats of violence definition and caselaw:
A direct of veiled warning that violence will be used if they don’t submit
R v Broughton
R v Mitchell
R v Maihi
Being together with definition and caselaw:
Together with requires two or more people physically present and acting together in the commission of the robbery.
R v Joyce
R v Galey
