Questions Part 2 (page 41 - 72) robbery

Question 1

*Define “dishonestly”

Answer 1

Section 217, Crimes Act 1961
done or omitted without a belief
that there was express or implied consent to
, or authority for,
the act or omission from a person entitled to give such consent or authority

Question 2

Define “claim of right”

Answer 2

Section 2, Crimes Act 1961

a belief at the time of the act to a right to the property

this belief may be based on a mistake or ignorance

Question 3

*Theft is complete:

Answer 3

The moment the item is moved with intent to steal it

Question 4

Once theft is complete, does the immediate return of the property purge the offence?

Answer 4

No

Question 5

*Define “property”

Answer 5

s2 ca 1961
Property includes real and personal property,
and any estate
or interest in any real or personal property,
any debt, any thing in action,
and any other right or interest

Question 6

*Define ‘ownership’

Answer 6

s218 CA 1961

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 possession or control of the property

Question 7

*The prosecution must prove a connection between the violence or threats and the stealing of the property. What are the two things that must be shown

Answer 7

• Intent to steal at the time the violence or threats were used
• Violence or threats were used for the purpose of extorting the property

Question 8

*In the context of robbery, what is the threshold for ‘violence’

Answer 8

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

Question 9

*Where property has been demanded but the threat of violence is less immediate, what may be an appropriate charge?

Answer 9

S239

Question 10

*If the prosecution is to rely on ‘inherently violent circumstances’ what should it establish?

Answer 10

That the defendant foresaw his or her conduct would be perceived as constituting a threat

Question 11

*Is it necessary that the robbery and the GBH be committed on the same person?

Answer 11

No

Question 12

*Define ‘extort’

Answer 12

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

Question 13

*Define ‘being armed with’

Answer 13

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

Question 14

Define ‘instrument’

Answer 14

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

Question 15

elements of assault

Answer 15

• intent to apply or attempt to apply force
• application or attempted application of force, whether directly or indirectly
• threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat

Question 16

*What must you prove in blackmail?

Answer 16

The identity of the suspect and that they threatened, expressly or by implication, to:

• Make any accusation against any person
• Disclose something about any person
• Cause serious damage to property
• Endanger the safety of any person with intent to:
• Cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and obtain any benefit or cause loss to any other person

Question 17

*Does it matter whether the substance of the accusation is true or false?

Answer 17

No

Question 18

*Define ‘obtain’

Answer 18

Section 217 CA 1961

‘to obtain or retain for himself or herself or for any other person’

Question 19

Pecuniary advantage

Answer 19

Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 20

Privilege

Answer 20

Means a special right or advantage and need not be a financial one.

Question 21

Valuable consideration

Answer 21

Means money or money’s worth.

Question 22

*Define ‘property’

Answer 22

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 23

*What section provides a defence against blackmail?

Answer 23

237(2)

Question 24

Explain 237(2)

Answer 24

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under section 237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
The similar Canadian provision has been seen as drawing the line “between hard bargaining and criminal blackmail”.

Question 25

*What does execute a document mean

Answer 25

To execute a document is normally to “do what the law requires to give validity to the document. It is not confined to the signing or doing something to the face of the document.”

Question 26

*Define ‘document’

Answer 26

217 ca 1961

A thing which provides evidence or information or serves as a record

Question 27

*Does the demand need to be made to the person who it is directed?

Answer 27

No, as long as the intention is there for the message to be passed on

Question 28

*What elevates robbery to aggravated robbery?

Answer 28

• GBH
• 2+ people
• Using an offensive weapon

Question 29

3. Define Claim of Right.

Answer 29

A claim of right, in relation to any act, means 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, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 30

John waits down the road as a look out. Bill runs in and uses violence to steal cigarettes. Although they have acted jointly in the offending why is it not an aggravated robbery by being together with?

Answer 30

3. 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 time of the robbery. In this case they were not physically together at the time of the robbery. They are both guilty of Robbery. R v Joyce [1968] NZLR 1070

Question 31

What questions must you ask when you receive CHIS in relation to a robbery

Answer 31

Has this chis provided reliable info in the past

Has this info come from more than one source

have staff members of the premises noted suspicious people

does the company deal with large amounts of money / valuable goods

Question 32

demanding a pin number with a threat, what is this offence

Answer 32

demands with intent to steal

Question 33

In relation to blackmail what is an accusation?

Answer 33

Will normally refer to an allegation that the person is guilty of criminal conduct

Question 34

Five phase investigation for blackmail?

Answer 34

1. Initial report phase
2. mobilisation phase
3. consolidation phase
4. Investigation and operation phase
5. reactive phase

Question 35

The ingredients for demanding with intent to steal 239(1)?

Answer 35

without claim of right
by force or with any threat
compels any person to execute, make accept endorse alter or destroy any document
capable of conferring a pecuniary advantage
with intent to obtain any benefit

Question 36

ingredients for demand with intent to steal 239(2)?

Answer 36

everyone who
by menaces or by any threat
demands any property from any persons
with intent to steal it

Question 37

What is the stat defence for black mail?

Answer 37

even if the person believed he is entitled to the benefit/ cause the loss he is guilty
UNLESS
the making of the threat is a reasonable and proper means for effecting his purpose

Question 38

in section 239 what does “benefit” mean?

Answer 38

any benefit 
pecuniary advantage 
privilege 
property 
service
valuable consideration

Question 39

in relation to blackmail what is disclosure

Answer 39

can be criminal but extends to information which does not relate to illegal conduct but could cause serious embarrassment or emotional distress