FOCUS Robbery Flashcards
Robbery
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 234(1)
Crimes Act 1961
Penalty: 10 years
Theft / Accompanied by Violence OR Threats of Violence / To any person OR Property / Used to Extort the Property Stolen OR Prevent or Overcome Resistance to it being stolen
R v Skivington R v Lapier R v Cox R v Maihi Peneha v Police R v Broughton
Theft Possession Actual Possession Ideal Possession Constructive Possession Accompanied By Violence Threats of Violence To any person Property Extort Prevent Overcome Resistance
Define theft
Dishonestly and without claim of right taking any property with intent to deprive any owner of that property or if any interest in that property
R v Skivington
Larceny is an ingredient of robbery and if the honest belief that a man has a claim of right as a defence to larceny negates one of the ingredients on the offensive robbery without proof of which the full offence is not made out
R v Lapier
Robbery is complete the instant the property is taken even if position by the thief is only momentarily
Define Possession
Possession maybe actual or constructive
Define actual possession
Actual possession arises whether thing in question is in a persons physical custody; it is on or about the person or immediately at hand
Define Ideal Possession
Warner v Metro Police Commissioner
The term possession must be given I sensible and reasonable meaning in its context. I dearly a possessor of a thing has:
- complete physical control over it;
- knowledge of its existence , its situation and qualities
Define Constructive Possession
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
Define Accompanied By
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 it being stolen
R v Maihi
It is implicit in a company that there must be a nexus 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.
Define violence
In the context of robbery violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful violent action on motion producing a very marked powerful affect intending to cause bodily injury or discomfort.
Define threats of violence
A threat is generally a direct or via warning that violence will be use of the victim does not submit to the robbers demands. Threats might also be conveyed by interference through the defendants conduct, demeanour or even appearance depending on the circumstances
R v Broughton
A threat of violence is the manifestation of an intention to inflict violence unless the money will probably be handed over.
Threat maybe direct or Vale. It may be conveyed by words or conduct or a combination of both.
Define Person
Gender neutral. Violence or threats can be directed to any person not just the victim and any property interest.
Define Property
Property includes real or personal property and any estate or interest in any real or personal property, money, electricity any debt and anything action any other right or interest
Define extort
To extort means to Obtain by correction or intimidation. Extortion implies and overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.
Define prevent
To keep from happening
Define overcome resistance
To defeat, to prevail over, to get the better of in a conflict
Aggravated Robbery (GBH)
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 235(a)
Crimes Act 1961
Penalty: 14 years
Robs any Person / And at the time of OR immediately before OR immediately after the robbery / Causes GBH to any person
DPP v Smith
Robbery Person At the Time Of Immediately Before Immediately After Grievous Bodily Harm
DPP v Smith
Bodily harm needs to explanation and grievous means no more and no less than “really serious”
Define At time Time Of
During the commission of the theft, at the time of taking with the required intent
Define immediately before / after
Refers to the connection between the robbery and the infliction of grievous bodily harm
Define GBH
Grievous bodily harm can be defined simply as “harm that is really serious”
Aggravated Robbery (Together)
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 235(b)
Crimes Act 1961
Penalty: 14 years
Being Together with any other person OR persons / Robs / Any Person
R v Galey
R v Joyce
Being together with
Robbery
Person
R v Galey
Being together in the context of section 235(b) involves “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 Joyce
The Crown must establish that at least two persons were physically present at the time the robber was committed or the assault occurred.
Aggravated Robbery (Weapon)
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 235(c)
Crimes Act 1961
Penalty: 14 years
Being armed with an offensive weapon OR instrument OR anything appearing to be such an offensive weapon or instrument / Robs / Any Person
Being armed with Offensive Weapon Instrument Any thing appearing to be such a weapon or instrument Robbery Person
Define Being Armed With
The term being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon
Define Offensive Weapon
Section 202A(a) CA61 Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
Define Instrument
The term instrument is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resists
Define Any thing appearing to be such a weapon or instrument
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
R v Heard
“The form of words used for a demand does not matter. ‘Demand’ is a strong word,
but … a demand does not have to be couched in abusive terms, so long as it is
clear that it is a request for something.”
Define Demand
To “demand” is to require or ask for something firmly, as though with
authority or as of right.
R v Cox
Possession involves two elements. The first, often called the physical element, is actual or potential custody or control. The second, often described as the mental element, is a combination of knowledge and intention.
