OF03 Dishonesty Offences Robbery and Receiving Flashcards
What is robbery?
Robbery is;
Theft
Accompanied by violence
or
Threats of violence,
To any person
or
To any property,
Used to extort the property stolen
or
To prevent or overcome resistance to its being stolen
What is the punishment for robbery?
term of imprisonment not exceeding 10 years
What is the act and section for robbery?
Crimes Act 1961 Section 234 (1) & (2)
What are the elements of Robbery?
Theft
Accompanied by violence
OR
Accompanied by threats of violence
To any person
OR
To any property
Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen
What is the definition of theft?
Theft is complete when:
Dishonestly
without claim of right
Takes
Any property
Without the intent to permanently deprive any owner of that property
OR To deprive any owner permanently of any interest in that property
What is the definition of:
“accompanied by violence”
OR
“threats of violence”
Violence before or at the time of the theft
OR
Threats of violence before or at the time the time of the theft, demonstrated by conduct or words
What is the definition of:
To any person
OR
To any property
The person who has been threatened with violence
OR
the person who had violence used against them
the property that has been threatened with violence
OR
the property that had violence used against it
Define:
used to extort the property stolen
OR
to prevent or overcome resistance to the property being stolen
the violence or threats used by the offender are sufficient to cause the person to hand over the property against their will
OR
The property is taken by the offender after any resistance to its taking has been prevented or overcome
What is Section 236 of the Crimes Act 1961?
Assault with Intent to Rob
if the intention was there to rob but it didn’t happen then can charge with this (eg didnt have any money on them)
What is Section 239(2) of the Crimes Act?
Demanding with Intent to Steal
With menaces or by any other threat demands any property from any person with the intent to steal it
carries a penalty of 7 years
what is the definition of “Violence”
means the unlawful exercise of physical force
What is the definition of:
used to extort property
extort means to obtain by violence or intimidation, or to extract forcibly against their will
What is the definition of:
Intent to steal (in relation to robbery)
the intent to steal must exist at the time the violence/threats of violence are made.
What is Section 235 of the Crimes Act 1961?
Aggravated Robbery
is when:
a person robs any person, and at the time, before or after the robbery, causes grievous bodily harm to any person
or
being together with any other person or persons, robs any person
or
a person armed with an offensive weapon or instrument, robs any person
The penalty is 14 years
What is Section 246(1) of the Crimes Act 1961?
Receiving
What are the elements of Receiving
Receives
Any property stolen
OR
Any property obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained
Define:
Receives
Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.
Define;
Any property stolen
OR
Any property obtained by any other imprisonable offence
anything whatsoever, whether tangible or intangible that is the property of another person, has value and has been stolen (theft)
OR
Anything whatsoever, whether tangible or intangible that is the property of another person, has value, and has been obtained by an imprisonable offence other than theft
Knowing that property to have been stolen or so obtained
OR
being reckless as to whether the property had been stolen or so obtained
believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence
OR
Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence
Define:
Possession and Control
the 4 A’s
Possession in terms of receiving needs 4 parts:
Awareness that the item is where it is;
Awareness that the item has been stolen;
Actual or potential control of the item; and
An intention to exercise that control over the item
What are the penalties for Receiving?
Section 247 of the Crimes Act 1961
(a) if value of property received exceeds $1000, to term of imprisonment not exceeding 7 years
(b) if value exceeds $500 but is under $1000 to imprisonment for term not exceeding 1 year
(c) if value of property does not exceed $500, to term of imprisonment not exceeding 3 months
What is guilty knowledge?
Guilty knowledge on the part of the receiver is essential to prove receiving:
Direct evidence
- eg evidence given by thief
Circumstantial evidence:
- the receiver purchased property at gross undervalue
- suspicious circumstances around acquisition of property
- nature or amount of property causes suspicion
- receiver falsely denies having possession of the property
- receiver concealed property so it could not be found
- receivers general conduct in relation to the property
what is the “Doctrine of Recent Possession”?
The recent possession of stolen property is sufficient evidence
to justify a finding that the possessor is either a thief or dishonest receiver
what are the timeframes imposed by the courts for ‘recent possession?
stolen car - 3 months
axe and tools - 3 months
sheep - a few days after the theft
