Robbery Flashcards
Four things required for nature of belief involving claim of right
- Belief in a proprietary or possessory right in property, an element of ownership of the property in question or a right to take or retain possession of it.
- Belief must be about rights to the “property in relation to which the offence is alleged to have been committed”.
- Belief must be held at the time of the conduct alleged to constitute the offence.
- Belief must be actually held by the defendant. The belief is not required to be reasonable or be reasonably held and may be based on ignorance or mistake.
If the Court is satisfied that the defendant acted with claim of right, he is entitled to an acquittal on a charge of theft. Therefore, as theft is an essential element of robbery, claim of right is also a defence to robbery.
Using or dealing with meaning for Robbery
For offences under s219(1)(b) it must be proved that the defendant obtained “in whatever manner” possession of, or control over, property in which some other person has an ownership interest and that there has been a “using or dealing with” the property with the necessary intent.
“Using or dealing with” property requires that the defendant acted contrary to any authority or consent given by the owner, or that their conduct in relation to the property was inconsistent with the rights of the owner.
Deprive owner permanently meaning for Robbery
The thief must desire, or foresee as virtually certain, that the owner will never regain the property, but it is not necessary that he intends to keep it himself; an intent to destroy the property or to give it to someone else who will retain it will suffice.
Intent to replace the property taken with other similar items will not negate an intention to deprive the owner permanently of the original items stolen, although it may negate dishonesty.
Threat of Violence meaning Robbery
The Court said that a threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.”
The Court in Broughton42 went on to say that “whether or not the conduct complained of is capable of amounting to a threat of violence must be assessed in the context in which it occurred”. This requires consideration of all the circumstances, which in that case included:
• the relative ages of the parties
• their respective physiques
• their appearance
• their demeanour
• what was said and done by those involved
• the manner and setting in which the incident took place.
Used to extort the property stolen meaning
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 not sufficient that the offender simply used violence or threats if such use was for some collateral purpose.
To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly.” [Oxford Dictionary].
Extortion implies an overbearing of the will of the victim. Thus, if the threats have not in fact affected the will of the victim, there is no robbery.
Being together with - aggravated Robbery
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.
Each must share an intent to steal using their collective force should that be necessary and each must play some active role in the robbery
Mere presence during the commission of robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.
Offensive weapon for Aggravated Robbery
The term “offensive weapon” is defined in s202A of the Crimes Act 1961 (possession of offensive weapons or disabling substances) for the purposes of possessory offences under that section, however the definition still has some relevance to s235(c).
In subsection (4)(a) of this section offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
In subsection (4)(b) of this section offensive weapon means any article capable of being used for causing bodily injury.
What must you prove for Blackmail
You must prove the identity of the suspect and that they threatened, expressly or by implication, to:
• make any accusation against any person (whether living or dead), or
• disclose something about any person (whether living or dead), or
• cause serious damage to property, or
• 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 to cause loss to any other person.
Threaten for Blackmail
The term “threatens” should be taken liberally. It is up to the jury to decide on the meaning to be given to any words used, and it does this in the light of all the evidence.
The offender must intend that the person threatened act in accordance with his (the offender’s) will, and the purpose of the threat must be to obtain any benefit or to cause loss to any other person. It is not necessary however, that the person threatened by the offender, be the same person against whom the accusation or disclosure is to be made, or whose property is to be damaged or safety endangered.
Accusation for Blackmail
The word “accusation” will normally refer to an allegation that the defendant person is guilty of criminal conduct. It will not require that any formal charges have been filed against the person
Disclosure for Blackmail
“Disclosure” is not limited to specific allegations or accusations, and includes the revelation of information which may lead others to begin an investigation from which charges may ensue. The threat need not be of the disclosure of any particular offence. “Disclosure” will extend to revelation of information which does not relate to illegal conduct but is nevertheless something which would cause serious embarrassment or emotional distress.
Defence to Blackmail
Section 237(2) provides a defence to a charge of blackmail.
In R v Marshall57 the Court of Appeal said “an accused can avoid liability where he or she believes in an entitlement to obtain the benefit or to cause the loss, and, objectively viewed, the threat is a reasonable and proper means for bringing about that obtaining or that causing of the loss. It will be for the jury to determine whether the means were reasonable and proper.
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.
Actions of the defendant for Demanding with intent to steal,
The essence of the offence contained in subsection (1), is that the defendant has used force or threats to cause another to create, alter or deal with a document which is capable of conferring a pecuniary advantage. Such conduct will not amount to robbery, because no property is taken or dealt with by the defendant.
The defendant must compel the execution, etc of a document, which will require that the will of the other person be actually overborne. This must be done by force or by a threat.
Force in this context will require the use or threatened use of violence, but the force need not be directed at the person who will make or alter the document. Force used on another person should suffice.
Execute document meaning
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.”
What areas should priority be given for Robbery scene
− secure the safety of all members of the police and public
− prevent the crime
− contain the area of the offence
− gather evidence from the crime scene and preserve it
− establish and then eliminate suspects
− identify the offender
− locate the offender
− search the offender and their premises, confiscating and preserving any evidence
− establish what, if any, case exists for prosecution
− prepare files for prosecution.
