Liability definitions robbery

Question 1

Theft

Answer 1

Theft - Section 219(1), Crimes Act 1961
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

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

SKIVINGTON
LAPIER

Question 2

Accompanied by violence

Answer 2

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

R V MAIHI

PENEHA

Violence
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.

Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.

Question 3

Threats of violence

Answer 3

Threats
A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the demands of the robber.

However threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

Question 4

To any person

Answer 4

Gender neutral, proven by judicial notice or circumstantial evidence

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

Question 5

Property

Answer 5

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 6

Used to extort the property stolen

Answer 6

To “extort” means “to obtain by coercion or intimidation.”

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 debt and any thing in action and any other right or interest.

Question 7

Used to prevent or overcome resistance to it being stolen

Answer 7

To Prevent

To “prevent or overcomes” means “to keep from happening.”

or

Overcome

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

Question 8

Being together with any .other person

Answer 8

Being together with:

There must be 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 9

Robs

Answer 9

Robbery - 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.

All ingredients must be proved.

Question 10

Any person

Answer 10

Gender neutral, proven by judicial notice or circumstantial evidence

Question 11

Being armed with any offence weapon

Answer 11

Being Armed
The defendant is carrying the item or has it available for immediate use as a weapon.

Offensive Weapon – Section 202A Crimes Act 1961
Any article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.

Question 12

instrument

Answer 12

Instrument
Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 13

Anything appearing to be such an offensive weapon or instrument

Answer 13

‘Anything appearing as such’:

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 14

Robs

Answer 14

Robbery - 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.

All ingredients must be proved.

Question 15

Any person

Answer 15

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 16

With intent to rob any person

Answer 16

Intent: desire a specific result and act with the aim or purpose of achieving it

Robbery - 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.

All ingredients must be proved.

Person
Gender neutral, proven by judicial notice or circumstantial evidence.

Question 17

Being armed with any offence weapon

Answer 17

Being armed: the defendant is carrying the item or has it available for immediate use as a weapon

202A CA 1961

Any article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.

Question 18

Instrument

Answer 18

Instrument
Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 19

Anything appearing to be such a weapon or instrument

Answer 19

Anything appearing as such:

It must be proved both that the 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 20

Assaults that person or any other person

Answer 20

Assault – Section 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.

Person
Gender neutral, proven by judicial note or circumstantial evidence.