Definitions and Case Law

Question 1

Theft

Answer 1

Theft, sec 219(1) Crimes Act 1961

• Dishonestly
• And without claim of right
• Taking 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 of one of the ingredients in the offence of robbery, without which the fully offence is not made out. “

Question 3

R v Lapier

Answer 3

Robbery is complete the instant the property is taken, been if possession by the thief is only momentarily

Question 4

Possession

Answer 4

Possession may be real or constructive

Question 5

Actual Possession

Answer 5

Actual Possession arises where the thing in question is in a persons physical custody, it is on or about their person or immediately at hand

Question 6

Warner V Metropolitan Police Commissioner

Answer 6

Ideal Possession (Actual)
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

Constructive Possession

Answer 7

Constructive possession arises when something is not in a persons physical custody, but they have ready access to it or can exercise control over it

Question 8

Accompanied by

Answer 8

The prosecution must prove:

• a connection between the violence or threats of violence and the stealing of the property
• 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 its being stolen

Question 9

R v Maihi

Answer 9

It is implicit in “accompany” that there must be a next (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 10

Violence

Answer 10

In the context of robbery, violence must involve more th an a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury

Question 11

R v Peneha

Answer 11

It is sufficient that “the actions of the defendant forcibly interfere with the 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 12

Threats of Violence

Answer 12

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

Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance depending on the circumstances.

Question 13

R v Broughton

Answer 13

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.

Question 14

To any person (robbery)

Answer 14

Gender neutral. Proven by judicial notice or circumstantially.

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

Question 15

Property

Answer 15

Includes any real or personal property, or any estate or interest in any real or personal property, money, electricity and any debt, and includes any thing in action, and any other right or interest.
sec. 2 Crimes Act 1961

Question 16

Extort

Answer 16

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 17

Prevent

Answer 17

“To keep from happening”

Question 18

Overcome Resistance

Answer 18

“To defeat, to prevail over; to get the better of in a conflict”

Question 19

At the time of

Answer 19

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

Question 20

Immediately before OR Immediately After

Answer 20

Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

Question 21

Grievous bodily harm

Answer 21

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

Question 22

DPP v Smith

Answer 22

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”

Question 23

Being together with

Answer 23

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

Question 24

R v Galey

Answer 24

“Being together” in the context of section 235(b) involves “two or more persons have the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime”

Question 25

R v Joyce

Answer 25

“Being together” require two or more people acting (physically present together) in the commission of an offence.

Question 26

Being armed with

Answer 26

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 27

Offensive Weapon

Answer 27

Offensive weapon. sec. 202A(1) Crimes Act 1961
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 28

Instrument

Answer 28

The term “instrument” is not defined by statute, but will include any item intended to be uses as a wean or to intimidate and overbear the victims will to resist.

Question 29

Anything appearing to be such a weapon or instrument

Answer 29

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

Question 30

Assaults

Answer 30

Assault, sec. 2 Crimes Act 1961
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.