Robbery Flashcards
Robbery - Act, section, penalty
Crimes Act 1961,
s234(1),
10 years
Robbery - Liability
- 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 it being stolen
Theft - Crimes Act, s219(1)
Dishonestly
And without claim of right,
Takes any property with intent to permanently deprive the owner of that property
Or of any interest in that property
R v Skivington
Larceny (or theft) is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.
Property - Crimes Act, s2
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and a ybother right or interest
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily
Actual possession
Possession may be actual or potential
Actual possession arises when the thing in question is in a person’s physical custody or control
Potential possession.
Possession may be actual or potential
Potential possession arises when the person has the potential to have the thing in question in their control. Eg, storing the thing in question at an associate’s house or through an agent
R v Cox - possession
Possession involves two elements.
The first, often called the physical element, is actual or potential physical custody or control.
The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of awareness by the accused that the substance is in his possession and an intention to exercise possession.
Accompanied by
The prosecution must prove:
- a connection between the violence or threats of violence and the stealing of the property
- the defendant had an Intent To Steal at the time of the violence or threats were used
- the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
R v Maihi
It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present. However the term “does not require that the act of stealing and the threat of violence be contemporaneous.. “
Violence
In the context of robbery, violence must involve note than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury
Peneha v Police
It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forciable powerful or or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort
Threats of violence
A “threat” is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands
Threats may also be conveyed by inference through the defendants conduct, demeanor or even appearance, depending on the circumstances
R v Broughton (1986) 1 NZLR 641
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.”
To any person
Gender neutral. Proven by judicial notice or circumstantially
Violence or threats can be directed at any person not just the victim and any property or interest.
Extort
To extort means “to obtain by coercion or intimidation”
Extortion implies an over bearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with the property
Prevent
“To keep from happening”
Overcome resistance
“To defeat; to prevail over; to.get the better of in a conflict”
Aggravated Robbery - GBH
Act, Section, Penalty
Crimes Act 1961, s235(a), 14 years
Aggravated Robbery - GBH
Liability
- Robs any person
2. And at the time of Or Immediately before Or Immediately after the robbery
- Causes GBH
- To to any person
At the time of
During the commission of the theft, at the time of taking with the required intent
Immediately before
Refers the the connection in time between the robbery and the infliction of Grievous bodily harm.
Immediately after
Refers the the connection in time between the robbery and the infliction of Grievous bodily harm.
Grievous bodily harm
“Harm that is really serious”
DDP v Smith - “bodily harm” needs no explanation and “grievous” means no more or no less than “really serious”
Aggravated robbery- together with
Act, s, penalty
Crimes Act 1961, s235(b), 14 yrs
Aggravated robbery- together with
Laiability
- Being together with any other person OR persons
- Robs
- Any person
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 robbery
R v Galey - being together
“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”
R v Joyce - Agg rob s235(b)
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
Aggravated robbery- weapon
Act, s, penalty
Crimes Act 1961, s235(c), 14yrs
Aggravated robbery- weapon
Liability
- Being armed with any offensive weapon
Or
Instrument
Or
Anything appearing to be such a weapon or instrument - Robs
- Any other person
Being armed with
The defendant is carrying the item or has it available for immediate use as a weapon
Offensive weapon
Crimes Act 1961, s202A(1)
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
Instrument
The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate or overbear the victims will to resist
Anything appearing to be such a weapon or instrument
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
Assault with intent to rob (GBH) - ASP
CA
S236(1)(a)
Assault with intent to rob (GBH) - Liability
- With intent to rob any person
2. Causes GBH to that person or any other person
Assault with intent to rob (weapon) -ASP
CA
s236(1)(b)
Assault with intent to rob (weapon) - Liability
- 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 (together with) -ASP
CA
s236(1)(c)
Assault with intent to rob (together with) - Liability
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other person
AAssault with intent to rob (assaults) - ASP
CA
S236(2)
