Definitions

Question 1

Theft - Section 219(1), Crimes Act 1961

Answer 1

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

Question 2

R V SKIVINGTON

Answer 2

“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 negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”

Question 3

R V LAPIER

Answer 3

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

Question 4

Possession

Answer 4

Possession may be actual or constructive.

Question 5

Actual Possession

Answer 5

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Question 6

WARNER v METROPOLITION POLICE COMMISSIONER

Answer 6

Ideal Possession
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities

Question 7

Accompanied by:

Answer 7

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

Question 8

R V MAIHI

Answer 8

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 …”

Question 9

Violence

Answer 9

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

Question 10

PENEHA v POLICE

Answer 10

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.

Question 11

To any Person

Answer 11

Gender neutral, proven by judicial notice or circumstantial evidence.

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

Question 12

Property

Answer 12

Property - Section 2, Crimes Act 1961
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any thing in action and any other right or interest.

Question 13

Extort

Answer 13

To “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.

Question 14

Robbery

Answer 14

Section 234 (1), Crimes Act 1961
Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or used to overcome resistance to the property being stolen.

Question 15

At the time of

Answer 15

During the commission of the theft, at the time of taking with the required intent.

Question 16

Grievous Bodily Harm

Answer 16

Grievous bodily harm can be defined simply as harm that is really serious.

Question 17

DPP V SMITH

Answer 17

Bodily harm needs no explanation, grievous means no more and no less than really serious.

Question 18

Intent

Answer 18

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 19

R v MOHAN

Answer 19

Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

Question 20

R v WAAKA

Answer 20

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 21

Being together with

Answer 21

There must proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 22

R v JOYCE

Answer 22

Two persons were physically present at the time of the robbery was committed or assault occurred.

Question 23

Assault – Section 2, Crimes Act 1961

Answer 23

assault means the act of 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 on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning

Question 24

R V CHARTRAND

Answer 24

Without lawful justification, authority or excuse”.

Question 25

R V CROSSAN

Answer 25

Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining them.

Question 26

Takes away

R v WELLARD

Answer 26

Kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be.”

Question 27

Detains

R v PRYCE

Answer 27

Active concept meaning to “keep in confinement or custody.” This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.

Question 28

Consent and COX

Answer 28

A person’s conscious and voluntary agreement to do something desired or proposed by another.

Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement.

Question 29

Consent - Section 209A Crimes Act 1961

Answer 29

A child under 16 years cannot give consent to being taken away or detained.

Question 30

To obtain consent by Fraud

Answer 30

Consent obtained by misrepresentation of the facts or the offenders intentions.

Question 31

R v MOHI

Answer 31

Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. It has never been regarded as necessary that the Crown should show the intent was carried out.

Question 32

Ransom

Answer 32

A sum of money demanded or paid for the release of a person being held captive.

Question 33

Sexual Connection Section 2, Crimes Act 1961

Answer 33

a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of:
- A part of the body of another person (or)
- An object held or manipulated by another person

(or)

b) Connection between the mouth or tongue of one person and part of another person’s genitalia or anus.

(or)

c) The continuation of connection of a kind described in paragraph (a) or paragraph (b).