Definitions - Robbery

Question 1

Theft

Answer 1

(a) Dishonestly
(b) Without claim of right
(c) Takes (or uses or deals with - 219(b) )
(d) Any property
(e) With intent to deprive any owner permanently of that property or any interest in that property

Question 2

Dishonestly

Answer 2

Done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 3

Claim of right

Answer 3

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed

Question 4

Claim of right - nature of belief

Answer 4

(1) Belief in a proprietary or possessory right in property
(2) Belief relates to property in which the offence is alleged to have been committed
(3) Belief was held at the time the offence took place
(4) Belief was actually held by the defendant

Question 5

Taking

Answer 5

Theft is complete the moment to item is moved with intent to steal it

Question 6

Property

Answer 6

Any real or personal property, any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest

Question 7

Deprive the owner permanently

Answer 7

The thief must desire, of foresee as virtually certain, that the owner will never regain the property.

Question 8

Ownership

Answer 8

A person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has -

(a) possession or control of the property, or
(b) any interest in the property, or
(c) the right to take the possession or control of the property

Question 9

Accompanied by

Answer 9

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 not only had an intent to to steal at the time the violence or threats were used, but that the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance

Question 10

Violence

Answer 10

Violence must involve more than a minimal degree of force and more than a technical assault

Question 11

Threats of violence

Answer 11

The manifestation of an intention to inflict violence unless the property be handed over.

Question 12

Used to extort the property stolen

Answer 12

The prosecution must prove that the purpose of the violence or threats was to extort the property stolen or to prevent or overcome resistance to its being stolen.

It is insufficient if the offender used violence or threats for some collateral purpose, such as to facilitate his escape

Question 13

Extort

Answer 13

To obtain by violence, coercion or intimidation or to extract forcibly.

Extortion implied an overbearing of the will of the victim.

Question 14

Prevent or overcome resistance

Answer 14

Prevent = To keep from happening
Overcome = To defeat, to prevail, to get the better of in a conflict

Applies when the victim is resisting and the offender uses violence or threats to overpower and subdue to victim

Question 15

At the time of - section 235(a)

Answer 15

Includes violence resulting in infliction of GBH that was used for some collateral purpose, such as attempting to escape after the robbery

Question 16

Causes

Answer 16

A person causes GBH if his/her actions make him/her criminally responsible for it

Question 17

Grievous bodily harm

Answer 17

Harm that is really serious.

Grievous refers to the degree of harm, rather than the nature of it or how it was caused.

GBH will most commonly result from an assault, but if the harm is really serious it does not matter how it was caused.

Question 18

Being together with - section 235(b)

Answer 18

It must be proven that the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Each must share an intent to steal using their collective force and each must play some active role in the robbery

Question 19

Physically proximate - ‘together with’

Answer 19

‘Together with’ requires that two or more people are actually present and acting together in the commission of the robbery

Question 20

Joint enterprise - ‘together with’

Answer 20

Where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.

Mere presence during the commission of a robbery is insufficient.

Question 21

Being armed with - section 235(c)

Answer 21

Means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 22

Offensive weapon

Answer 22

Any article made or altered for use for causing bodily injury, or intended by the person having it for such use.

Any article capable of being used for causing bodily injury.

Question 23

Instrument - section 235(c)

Answer 23

Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist

Question 24

Or anything appearing to be such - section 235(c)

Answer 24

It must be proved that the object appeared to be an offensive weapon/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.

“Thing” does not include a part of a person’s body i.e. finger

Question 25

Assault

Answer 25

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 or another, if the person making the threat has, or causes the other person to believe on reasonable grounds that he or she has present ability to effect his or her purpose