Robbery Flashcards
Robbery - section and penalty
CA61; S234(1)
10 Years imprisonment
Robbery - Elements
- Theft
- Accompanied by violence OR accompanied by threats of violence
- To any person or property
- Used to extort the property stolen OR prevent or overcome resistance to its being stolen
Theft
Act/Section/Penalty/Elements
CA61; S219(1)(a)
3 months to 7 years imprisonment
- Dishonestly
- And without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property or of any interest in that property.
OR 219(1)(b) - uses or deals with property after obtaining possession or control over the property in whatever manner.
R v Skivington
“Larceny (or theft) is an element 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 elements in the offence of robbery, without proof of which the full offence is not made out.”
Property
CA61; S2
Property includes real and personal property, and any estate or interest in any real or personal property, electricity, money, debt, and anything in action, and any other right or interest.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Actual Possession
Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.
R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
Potential Possession
Potential possession arises when the person has the potential to have the thing in question in their control.
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 …”
A threat made with the necessary intent may have a continuing effect that is still operating on the victim’s mind some time later when the goods are eventually handed over.
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom of the victim, or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Threats of Violence - R v Broughton
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.”
Used to Extort the Property Stolen
It must be proved that the purpose of the violence or threats was to extort the property stolen, or to prevent or overcome resistance to its being stolen.
Prevent or overcome resistance to its being stolen
Prevent: to keep from happening.
Overcome: to defeat; to prevail over; to get the better of in a conflict.
This will apply when the victim is resisting and the offender uses violence or threats to overpower and subde the victim.
Dishonestly
CA61; S217
Acting without a belief that there was express or implied consent from a person entitled to give such consent or authority.
It is a state of mind, and the fact that the defendant acted without the requisite belif, and therefore dishonestly, may be inferred from the circumstances.
What are some ways that a defendant can raise a reasonable doubt on the basis of a relevant but mistaken belief?
- That the act or omission was, expressly or impliedly, consented to by a person entitled to give consent, or
- That the act or omission was authorised by a person entitled to authorise it.
The question is whether the belief is actually held, not whether that belief is reasonable.
Claim of right
A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Break down the definition of ‘claim of right’
- The belief must be a belief in a proprietary or possessory right in property.
- The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed.
- The belief must be held at the time of the conduct alleged to constitute the offence.
- The belief must actually be held by the defendant.
What is a defence to robbery?
If the Court is satisfied that the defendant acted with claim of right, he is entitled to an acquittal on a charge of theft. Therefore, as theft is an essential element of robbery, claim of right is also a defence to robbery.
Simester and Brookbanks - Offender liable for other offences
A belief in a legal right to take X is a defence to any charge alleging an intent to steal X, because the necessary intent is not present. However, that belief does not entitle a person to steal Y in order to get X and a belief in a right to X does not prove as such or imply an additional belief of right to take Y.
Takes
When the offender moves the property or causes it to be moved.
R v Peat
The immediate return of the property will not purge the offence:
“ … as the prisoner had in fact demanded his money, and under the impulse of that threat and demand the property had once been taken … it was in strictness of law a sufficient taking to complete the offence, although the prisoner’s possession had continued for an instant only.”
Using or dealing with
“Using or dealing with” property requires that the defendant acted contrary to any authority or consent given by the owner, or that their conduct in relation to the property was inconsistent with the rights of the owner.
Control
To exercise authoritative or dominating influence over it.
Intent to deprive the owner permanently
CA61; S219(2)
An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—
(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.
Intent
There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Case law: R v Collister
Ownership
CA61; S218(1)
A person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—
(a) possession or control of the property; or
(b) any interest in the property; or
(c) the right to take possession or control of the property.
Accompanied by
The prosecution must prove a connection between the threats or violence and the stealing of the property
R v Mitchell - Accompanied by
There may be occasions where property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time … the question will be one of fact and degree in each case.
Violence
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.
Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.
Referencing Broughton, list circumstances that should be considered in determining whether a threat of violence can be substantiated.
- The relative AGE of the parties
- Their respective PHYSIQUES
- Their APPEARANCE
- Their DEMEANOUR
- What was SAID and done by those involved
- The manner and SETTING in which the incident took place
R v Pacholko - effect on the victim relevant in determining whether or not the defendant’s conduct was threatening
The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than the strength and nerves of the person threatened.
Any person
Violence may be directed at anyone not just the victim of theft.
R v Macro - Extort
If the victim knows that the Police are ready to step in and prevent the actual infliction of harm and is therefore unaffected by threats made by the accused, there will be no robbery.
R v Newall - used to extort the property stolen
The theft was complete when the appellant exited the store. The violence cannot be said to be to overcome resistance to the theft.
Aggravated robbery - causes GBH: section and penalty
CA61; S235(a)
14 years imprisonment
Aggravated robbery - causes GBH:
Elements
1) Robs any person; and
2) At the time of OR immediately before OR immediately after the robbery
3) Causes GBH to any person
At the time of
During the commission of the theft, at the time of the taking with the required intent.
Causes GBH
A person causes GBH if his or her actions make him or her criminally responsible for it.
Grievous Bodily Harm
Harm that is really serious -
DPP v Smith: “Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Aggravated robbery - together with: elements
1) Being together with any other person or persons
2) Robs
3) Any Person
Aggravated robbery - being together with: section and penalty
CA61; S235(b)
14 years imprisonment
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.
Physical proximity - R v Joyce
The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.
R v Joyce: “The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”
R v Joyce
“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”
Joint enterprise
Mere presence during the commission of the robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.
R v Galey: “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 Galey
“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.”
Aggravated robbery - being armed with any weapon: section and penalty
CA61; S235(c)
14 years imprisonment
Aggravated robbery - being armed with any weapon or instrument:
Elements
1) Being armed with any offensive weapon OR instrument OR any thing appearing to be such a weapon or instrument
2) Robs
3) Any other person
Being Armed
The defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon
CA61; S202A(1):
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such a use.
Instrument
Any item intended to be used as a weapon or to intimidate and overbear the victim’s 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.
What definitions and/or case laws should be included in your discussion of the liability of:
- Robbery - 234(1); 235(a-c); 236(1)(a-c)
Definition of robbery: 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 any resistance to its being stolen;
Definition of theft: Dishonestly / without claim of right / takes / any property / with intent to deprive any owner permanently of that property or of any interest in that property;
Definition of dishonestly: acting without a belief that there was express or implied consent from a person entitled to give such consent or authority;
Definition of without claim of right: a belief at the time of the act etc … ; R v Skivington;
Definition of takes: when the offender moves the property or causes it to be moved; R v Lapier; R v Cox - possession; control - to exercise authoritative or dominating influence over it.
Definition of property: real and personal property etc … ;
Definition of intent: to deprive any owner permanently of that property: an intent to deal with property etc …;
Definition of ownership: a person is to be regarded as the owner of any property etc …;
Definition of accompanied by violence or threats of violence: violence - must involve more than the minimal degree of force etc … ; R v Maihi; R v Broughton; R v Pacholko; R v Mitchell;
Definition of used to extort the property stolen: it must be proved that the purpose of the violence or threats was to extort the property stolen, or to prevent or overcome resistance to its being stolen; R v Macro; R v Newall
Definition of prevent or overcome resistance to its being stolen: prevent -to keep from happening;overcome - to defeat; to prevail over; to get the better of in a conflict;
Definition of intent: 2 types; Collister
Aggravated robbery (causes GBH): causes GBH - a person causes GBH if their actions make them criminally responsible for it; GBH - harm that is really serious; DPP v Smith; at the time of - at the time of the taking with the required intent;
Aggravated robbery (together with): 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 Joyce; R v Galey;
Aggravated robbery (offensive weapon): being armed - the defendant is carrying the item or has it available for immediate use as a weapon; offensive weapon - CA61; S202A(1); instrument - Any item intended to be used as a weapon or to intimidate and overbear the victim’s 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
