Robbery

Question 1

Robbery - Act, section, penalty

Answer 1

Crimes Act 1961,
s234(1),
10 years

Question 2

Robbery - Liability

Answer 2

1. Theft
2. Accompanied by violence OR Accompanied by threats of violence
3. To any person OR property
4. Used to extort the property stolen OR to prevent or overcome resistance to it being stolen

Question 3

Theft - Crimes Act, s219(1)

Answer 3

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

Question 4

R v Skivington

Answer 4

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.

Question 5

Property - Crimes Act, s2

Answer 5

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

Question 6

R v Lapier

Answer 6

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily

Question 7

Actual possession

Possession may be actual or potential

Answer 7

Actual possession arises when the thing in question is in a person’s physical custody or control

Question 8

Potential possession.

Possession may be actual or potential

Answer 8

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

Question 9

R v Cox - possession

Answer 9

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.

Question 10

Accompanied by

Answer 10

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

Question 11

R v Maihi

Answer 11

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.. “

Question 12

Violence

Answer 12

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

Question 13

Peneha v Police

Answer 13

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

Question 14

Threats of violence

Answer 14

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

Question 15

R v Broughton (1986) 1 NZLR 641

Answer 15

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.”

Question 16

To any person

Answer 16

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.

Question 17

Extort

Answer 17

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

Question 18

Prevent

Answer 18

“To keep from happening”

Question 19

Overcome resistance

Answer 19

“To defeat; to prevail over; to.get the better of in a conflict”

Question 20

Aggravated Robbery - GBH

Act, Section, Penalty

Answer 20

Crimes Act 1961, s235(a), 14 years

Question 21

Aggravated Robbery - GBH

Liability

Answer 21

1. Robs any person

2. And at the time of 
  Or
  Immediately before 
  Or
  Immediately after the robbery 

3. Causes GBH
4. To to any person

Question 22

At the time of

Answer 22

During the commission of the theft, at the time of taking with the required intent

Question 23

Immediately before

Answer 23

Refers the the connection in time between the robbery and the infliction of Grievous bodily harm.

Question 24

Immediately after

Answer 24

Refers the the connection in time between the robbery and the infliction of Grievous bodily harm.

Question 25

Grievous bodily harm

Answer 25

“Harm that is really serious”

DDP v Smith - “bodily harm” needs no explanation and “grievous” means no more or no less than “really serious”

Question 26

Aggravated robbery- together with

Act, s, penalty

Answer 26

Crimes Act 1961, s235(b), 14 yrs

Question 27

Aggravated robbery- together with

Laiability

Answer 27

1. Being together with any other person OR persons
2. Robs
3. Any person

Question 28

Being together with

Answer 28

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

Question 29

R v Galey - being together

Answer 29

“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.”

Question 30

R v Joyce - Agg rob s235(b)

Answer 30

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 31

Aggravated robbery- weapon

Act, s, penalty

Answer 31

Crimes Act 1961, s235(c), 14yrs

Question 32

Aggravated robbery- weapon

Liability

Answer 32

1. Being armed with any offensive weapon
   Or
   Instrument
   Or
   Anything appearing to be such a weapon or instrument
2. Robs
3. Any other person

Question 33

Being armed with

Answer 33

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

Question 34

Offensive weapon

Crimes Act 1961, s202A(1)

Answer 34

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

Question 35

Instrument

Answer 35

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

Question 36

Anything appearing to be such a weapon or instrument

Answer 36

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.

Question 37

Assault with intent to rob (GBH) - ASP

Answer 37

CA

S236(1)(a)

Question 38

Assault with intent to rob (GBH) - Liability

Answer 38

1. With intent to rob any person

2. Causes GBH to that person or any other person

Question 39

Assault with intent to rob (weapon) -ASP

Answer 39

CA

s236(1)(b)

Question 40

Assault with intent to rob (weapon) - Liability

Answer 40

1. With intent to rob any person
2. Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
3. Assaults that person or any other person

Question 41

Assault with intent to rob (together with) -ASP

Answer 41

CA

s236(1)(c)

Question 42

Assault with intent to rob (together with) - Liability

Answer 42

1. With intent to rob any person
2. Being together with any other person or persons
3. Assaults that person or any other person

Question 43

AAssault with intent to rob (assaults) - ASP

Answer 43

CA

S236(2)