Robbery Flashcards
Case Law
“Claim of Right is a defence to robbery”
R v Skivington
Case Law
“Robbery is complete when the property is taken even if Momentary”
R v Laiper
Case Law
“There must a nexus (connection) between the stealing of the property and the threat of violence, both must be present HOWEVER the term does not require the act of stealing and the threat of violence be contemporaneous”
R v Maihi
Case Law
“Return does not negate the offence”
R v Peat
Case Law
“Sufficient that the Defendant acts forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion”
Peneha v Police
Case Law
“Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the Victim does not negate the threat”
R v Broughton
Case Law
“Bodily harm means harm that is really serious”
DPP v Smith
Case Law
“Must establish at least two people physically present at the time”
R v Joyce
Case Law
“Being together means two or more person having the common intention to use their combine force”
R v Galey
Case Law
“A person hand or fingers are not a thing”
R v Bentham
What is the
- Section
- Act
- Elements
“Robbery”
S.234(1) Crimes Act 1961
- Theft
- Accompanied by Violence
OR - Accompanied by Threats of Violence
- Any Person
- Used to extort any stolen property
OR - To prevent or overcome resistance to it being stolen
What case law to consider with the element of “Theft”?
R v Skivington
Claim of Right
R v Lapier
Robbery is complete at the time of property is taken, even momentary
R v Peats
Return does not negate the offence
Definition for “Theft”
Dishonestly and without claim of right
Taking any property
With intent to deprive the owner permanently of that property
OR
of any interest in that property.
What case law to consider with the element of “Accompanied by violence”
- R v Maihi
- R v Mitchell
- Peneha v Police
What case law to consider with “Accompanied with threat of violence”
- R v Broughton
What is the definition of “To any person” ?
Victim is a person is accepted by judicial notice or proved by circumstances evidence
What is the definition of “Used to extort any property stolen” ?
- to obtain by coercion or intimidation
What is the definition of “property” ?
Section 2 - CA1961
Includes any real or personal property
What is the definition of “To Prevent or overcome resistance to its being” ?
Prevent - To keep from happening
E.g When the offender anticipates resistances from the victim and uses violence or threats to ensure it does not commence
Overcome - To get the better of
E.g When the Victim is resisting and the offender uses violence or threats to overpower and subdue the victim
What is the section, Act and elements for “Aggravated Robbery” caused by GBH?
Section 235 (a) CA 1961
- Robs
- Any Person
- At the time of
- Immediately before
- Immediately after
- Causes GBH
- To any persons
What Case Law to consider for GBH ?
DPP v Smith
Bodily Harm needs no explanation and grievous means no more and no less than ‘really serious’
What is the
- Section
- Act
- Elements
for Aggravated Robbery (being together with any other person) ?
- Being together with any person or persons
- Robs
- Any person
What must you prove or have proof of to charge a person with Aggravated Robbery S235(b) ?
Prove the Defendant was part of a joint enterprise by two or more people were physically present at the robbery
Share an intent to steal using their collective force and each must play a role in the robbery
The term ‘together with’ …..
Requires two or more people are actually present and acting together in the commission of Robbery
What case law can you consider for “Aggravated Robbery” s235(b) ?
- R v Joyce
- R v Galdy
What is the section, Act and elements for “Aggravated Robbery being armed with an offensive weapon” ?
S235(c)
CA 1961
- Being armed with
Any offensive weapon
Instrument
Anything appearing to be such a weapon or instrument - Robs
- Any other person
What is the definition of ‘being armed with’ ?
The Defendant is carrying the item or having it available for immediate use
The term ‘Offensive Weapon’ is defined
S202A, CA 1961 - any article of being used for causing bodily injury
What are the 3 broad classes of offensive weapon ?
- items solely for the purpose of attacking or inflicting injury e.g firearms, swords or knuckledusters
- items that may otherwise have an innocent purpose but has been altered or adapted for use for causing injury e.g. Bottle that has been deliberately broken to create a jagged edge
- items that are intended to cause injury, which includes anything capable of causing injury that is carried by the Defendant for that purpose, such as baseball bat or a knife
What must be proved for the element ‘Anything appearing to be such’ to be met ?
- Object appeared to be an offensive weapon or instrument to the Victim
- Defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
What doesn’t constitute as a thing and what case law you refer to ?
A persons hands or fingers are not a thing
R v Bentham
What is possessed must under the definition of a thing. A persons hand or finger are not a thing.
What is the section, act and elements for ‘Assault with intent to rob causes GBH’ ?
S236(1)(A)
CA 1961
- With intent to rob any person
- Causes GBH to that person or any other person
What is the definition of ‘Any Person’ in relations to S236(1)(a) of CA1961?
Any person
- The person suffering grievous bodily harm need not to be the person robbed.
What is the section, act and elements for ‘Assault with intent to rob being armed with an offensive weapon’?
S236(1)(B)
CA1961
- with intent to rob any person
- Being armed with an offensive weapon / instrument / anything appearing to be a weapon or instrument
- Assaults that person or any other person
What is the section, act and elements for ‘Assault with intent to rob being together with any other person’
S236(1)(C)
CA1961
- With intent to rob any person
- being together with any other person OR persons
- assaults that person or any other person
What is the section, act and elements for ‘Assaults with intent to rob’ ?
S236(2)
CA1961
- Assaults any person
- With intent to rob that person or any other person
The term ‘taking’ covered in s219 of CA1961. With regard to tangible property, when theft is committed by a “taking” ?
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved
When is Robbery complete ?
ID the applicable case law and what was found in this case ?
Robbery is complete the instant the property is taken, even if possession is momentary.
R v Lapier
The prosecution must prove a connection between the violence or threats and stealing of the property
It must be shown the Defendant not only has an intent to steal at the time of the violence or threats were used but the threats were used for the purpose of extorting the property, or preventing or overcoming resistance to its being stolen
Discuss
R v Maihi
There must be a nexus (connection) between the stealing of the property and threat of violence. Both must be present.
However the term does not require the act of stealing and threat of violence be contemporaneous.
R v Mitchell
There may be occasions where property is handed over to a thief as a result of threats previously made but still operating on the victims mine at the time …. assessed by fact and degree in each case
Define Claim or Right ?
A belief at the time of the act that you either owned or right to possess the property in questions although it maybe be based on ignorance of law or fact
What was held with ‘Joyce’ and ‘Galey’ in respect of physical proximity and joint enterprise ?
Joyce - together with
Requires two or more people are actually (physically) present and acting together in the commission of the crime.
Galey - Presence without active participation. Is not sufficient.
Being together involves two or more people having the comment intention to use their combined force directly in the perpetration of the crime.
Threat is ….
Generally direct or veiled warning that violence will be used if the victim Dee not submit to the offenders demands
