ROBBERY Flashcards
Robbery
234 (1) CA 1961
10 yes
THEFT
ACCOMPANIED BY VIOLENCE OR THREATS OF VIOLENCE
TO ANY PERSON
USED GO EXTORT ANY PROPERTY STOLEN OR TO PREVENT OR OVERCOME RRSISTANCD TO IT BEING STOLEN
Theft defined as
Defined under 219 of CA
Dishonestly and without claim of right, takes anh property with the intent to deprive the owner permanently of that property or of any interest in that property
Theft/robbery case law
Skivington
Theft is a element of robbery and If the honest belief that a man has claim of right is a defence to theft then it negatives one of the elements of robbery. Not having full elements = no offence
Skiv=scav= scavenger=hobestly thought he could have that
Lapierre
Robbery is complete the instant the property is taken even if possession by theft is only momentary
Lap=sitting on lap=even for an instant is an offence
Peat
The immediate return of goods does not purge the offence
Pete stole but returned items
Cox
Possession involves to elements. One is a physical element and one is the mental element
Cox=coxy has two partners
Accompanied by violence case law
Maihi
There must be a connection between the act of stealing and threat or violence. Both must be present however thr act and threat do not have to dl contemporaneous
I and I = connection between both
Mitchell
Previously made threats on the victims mind are assessed by fact and degree of each case.
Mitchell is a pussy and previously been threatened
Peneha
It is sufficient that the actions of the defendant forcibly interfere with the victims person freedom or amount to forcible power or violent action or motion that can cause bodily injury or discomfort
Peneha shooting victim fears
Extort defined as
Obtain by coercion or intimidation. If the threat does not affect the will of the victim then there is no robbery.
The threats induced the victim to part with their property.
Prevent defined as
To keep from happening.
Overcome defined as
To defeat, to prevail over. To get the better of
Property defined as
S2 of ca 1961
Includes any real of personal property
Aggravated robbery- causes gbh
234(a) CA 1961
14 years
Robs Any person At the time of or immediately before or immediately after Causes gbh To ang person
Robs defined as
234(1) CA 1961
Theft accompanied by violence or threats of violence to any person used to extort any property stolen or to prevent or overcome resistance to it being stolen
Robs case law
Skivington
Claim of right is a defence to robbery
Skiv=scav=scavenger=thought that they coukd have it
Lapierre
Robbery is complete the instant the property is taken even if possession by theft is only momentary
Lap=sitting on lap=offence complete as soon as on lap
Maihi
There must be a connection between the act of stealing and threat or violence. Both must be present however thr act and threat do not have to dl contemporaneous
I and I = connection between both
At the time defined as
The violence used at the time has resulted in serious harm
Immediately defined as
A matter of fact and degree in each case
Gbh case law
Smith
Bodily harm means harm that is really serious
Agg rob together with
234(b) CA 1961
14 years
Being together with any other person
Robs
Any person
Being together with defined as and case law
Together requires two or more people physically present acting together in the commission of the robbery
Joyce
The crown must establish at least 2 people physically present at the time of robbery or assault
Joyce=joyful =giving each other high fives after robbery=need at least 2 people to high five
Galey
Being together involves two or more persons having the common intention to use their combined froxe either in any event or circumstances might require, directly in the perpetuation of the crime
Hayley=common intention to do things
Agg rob being armed with
235(c) CA 1961
14 years
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
Robs
Any person
Armed defined asq
Carrying the item or having it available for immediate use
Offensive weapon defined as
S202a any article capable of being used to cause bodily injury
Intent defined as
Two types of intent.
1. Intent to commit the act
2 an Intent to get a specific result
Deliberate act
Intent case law
Collision
Two police charged with demanding menaces.
Caused man to believe they would arrest him for soliciting homosexhal acts unless he paid them money
Possession case law
Cox
Two elements
1. Physical element- actual physical custody or control
2. Mental element- combo of knowledge and intention. Knowledge in thr sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession
Three classes of offensive weapons
- Item made soley for purpose of attacking or inflicting injury. Eg firrearms, swords or knuckledusters
- Items that may have an innocent purpose but have been altered or adapted to cause Injury. Eg bottle broken to create jagged edge
- Items intended to cause Injury which includes anything capable of causing Injury eg baseball bat or knife
Assault with intent to Rob
236(1a) cause gbh
236 (1b) being armed
236(1c) together with
With intent to rob anyperson
A b or c
Assaults that person or any other person
Dishonestly defined as
Done or omitted without a belief that there was express or implied consent to, or authority for the act or omission from the person entitled to give such consent or authority
Claim of right defined as
A belief at the time of the act in proprietary or possessory right in the property in relation to which thr offence is alleged to have been committed
