Robbery Flashcards
Robbery
S234(1) CA61 - 10yrs
- ingredients
- Theft (Dishonestly, Without claim of right, Takes, Any property, With intent to permanently deprive the owner)
- Accompanied by violence OR Accompanied by threats of violence
- To any person or property
- Used to extort the property stolen OR To prevent or overcome resistance to its being stolen.
Aggravated Robbery
S235(a) CA61 - 14yrs
- ingredients
- Robs any person
- At the time of OR immediately before OR immediately after, the robbery
- Causes GBH
- To any person
Aggravated Robbery
S235(b) CA61 - 14yrs
- ingredients
- Being together with any other person or persons
- Robs
- Any person
Aggravated Robbery
S235(c) CA61 - 14yrs
- ingredients
- Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
- Robs
- Any other person
Assault with intent to rob
S236(1)(a) CA61 - 14yrs
- ingredients
- With intent to rob any person
2. Causes GBH to that person or any other person
Assault with intent to rob
S236(1)(b) CA61 - 14yrs
- ingredients
- With intent to rob any person
- Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument.
- Assaults that person or any other person
Assault with intent to rob
S236(1)(c) CA61 - 14yrs
- ingredients
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other person
Assault with intent to rob
S236(2) CA61 - 7yrs
- ingredients
- Assaults any person
- With intent to rob that person or any other person (Theft, accompanied by violence OR accompanied by threats of violence, To any person or property, used to extort the property stolen OR to prevent or overcome resistance to its being stolen)
Dishonestly
- definition
Without a belief that they had express or implied consent or authority to that property.
Without claim of right
- definition
No honest belief they had a propriety or possessory right to that property at that time.
What is “Claim of right” as a defence to robbery?
The offender genuinely believes they have a right to the property at the time.
If the court is satisfied the defendant acted with claim of right, they are entitled to an acquittal as theft is an element of robbery and it has not been proved.
Although they will be liable for the other offences, eg assault, possess an offensive weapon…
“Theft is an element of robbery, and if the honest belief that a man has claim of right as a defence to larceny, then it negates one of the elements in the offence of robbery. Without proof of which the offence is not made out” - R V SKIVINGTON
Taking
- definition
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved.
Theft is complete the moment the item is moved with intent to steal it.
“Robbery is complete the moment the property is taken, even if possession by the thief is only momentary.” - R V LAPIER
“Once theft is complete, the immediate return of the property will not purge the offence, subject to the necessary intent existing at the time of taking.” - R V PEAT
Possession
- definition
Possession requires a physical and mental element of control over something.
Physical Element - Actual or potential control or custody of the item.
Mental Element - Both the knowledge they possess the item and the intention to possess the item.
“Possession involves two elements. The first being actual and physical control of the item, the second being a mental knowledge and intention that the item is in their possession or intended to be in their possession.” - R V COX
Property
- definition
Any real or personal thing, tangible or intangible.
What does “Intent to permanently deprive any owner” include?
(a) the property cannot be returned to any owner in the same condition; or
(b) any owner is likely to be permanently deprived of the property or of any interest in the property.
The offender must desire, or foresee as certain that the owner will never regain the property, but it is not necessary that he intends to keep it himself.
Intent
- definition
A deliberate act for a specific outcome.
Circumstantial evidence that can help prove an offenders intent include:
- Offenders actions before, during and after the event.
- The surrounding circumstances.
- The nature of the act itself.
“The necessary intent is inferred from the circumstances.” - R V COLLISTER
Accompanied by violence OR threats of violence
- definition
This does not include a modest assault or threat to assault, however it does not mean that a person must inflict actual harm or bodily injury.
The violence or threats need to occur at, immediately before, or immediately after, the time of the theft.
There must be a connection between the violence and the theft. The violence or threats used were for the purpose of extorting the property OR preventing or overcoming the resistance to it’s being stolen.
“There must be a nexus (connection or link) between the act of stealing and a threat of violence, both must be present.” - R V MAIHI
Violence
- definition
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.
“The actions of the offender forcibly interfere with personal freedom, tending to cause bodily injury or discomfort.” - PENEHA V POLICE
Threats of Violence
- definition
Includes a direct or veiled warning that violence will be used if the victim does not summit to the robber’s demands.
Threats may be conveyed through the offenders conduct, demeanour, or even appearance, depending on the circumstances.
“A threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.” - R V BROUGHTON
To any person or property
- defintion
The fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence.
The threat, or the violence, may be directed at ANY person and need not be against the victim, or the victim’s property.
Used to extort the property stolen
- definition
Must prove the violence used was to extort the property stolen, or prevent or overcome the property being stolen.
Extort
- definition
The victim handed the property over to the offender.
To obtain by coercion or intimidation.
Extortion implies an overbearing of the will of the victim The prosecution must show that the threats induced the victim to part with their property.
Prevent or overcome resistance to it’s being stolen
- definition
The property is taken by the offender.
Prevent means to keep from happening.
The offender anticipates resistance from the victim and uses violence or threats to ensure it does not commence.
Overcome means to defeat, to prevail over, to get the better of in a conflict.
The victim is resisting and the offender uses violence or threats to overpower and subdue the victim.
What makes a robbery aggravated?
Where a robbery has occurred and the person has either;
- Caused GBH to any person, or
- Acted with another person or persons, or
- Been armed with an offensive weapon or instrument.
Section 235(a) CA61 Causes GBH considerations
Where the violence used to extort the property stolen, or to prevent or overcome resistance, has resulted in really serious harm to the person assaulted.
Harm must be at the time of, immediately before, or immediately after the theft.
The person suffering the harm need not be the person robbed.
GBH - Harm that is really serious
DPP V SMITH
Together with - Physical proximity
- definition
Together with requires that two or more people are actually present and acting together in the commission of the robbery.
The victim must be confronted by two or more people acting in concert.
“At least two persons were physically present at the time the robbery was committed or the assault occurred.” - R V JOYCE
Together with - Joint enterprise
- definition
Mere presence during the commission of robbery, without active participation, is not sufficient.
Involves the forces of two or more person acting together in the actual commission of the offence.
“Being together, two or more persons having the common intention to use their combined force in the perpetration of the crime.” - R V GALEY
Being armed with
- definition
Carrying the item or has it available for immediate use.
What are the 3 classes of offensive weapons?
S235 CA61
1 - Item made solely for the purpose of attacking or causing injury (knives, firearms, knuckledusters)
2 - Items that otherwise have an innocent purpose but have been altered or adapted for use for causing injury (intentionally broken bottle, bat with nails)
3 - Items that are capable of causing injury that is carried by the offender for that purpose (baseball bat or knife)
What is classed as an instrument?
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 resist.
What does “anything appearing to be such” mean?
Any harmless but convincing replicas of weapons, such as an imitation firearm, will cause as much apprehension in the mind of the victim as the real thing.
The object must appear to be an offensive weapon or instrument to the victim, and the offender intended, or was at least reckless, as to the possibility that it would be perceived as a weapon.
However, a thing does not include a part of a person’s body.
“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.” - R V BENDHAM
Sentencing for Aggravated Robbery
R V MAKO
R V MAKO - Sharks don’t care about age!
Relevant factors in determining an appropriate sentence for robbery include:
- Planning and preparation
- Number of participants and what they did
- Any disguises or concealing identity or flight used.
- Number and type of weapons and how they were used
- The type of premise or person targeted
- The property stolen and the extent of recovery
- Any associated crimes, eg stolen getaway vehicle
- Impact of the offending on the victim
What Case law is relevant to Robbery?
Takes = R V Lapier
R V Skivington
R V Peat
Possession = R V Cox
Accompanied by = R V Maihi
Violence = Peneha V Police
Threats of Violence = R V Broughton
What Case law is relevant to Aggravated Robbery?
As per Robbery and
(a) To any Person = R V Wells
(b) Being together with = R V Joyce
R V Galey
(c) Being Armed with any offensive weapon = R V Bentham
