Robbery

Question 1

Criminal Liability for Robbery

Answer 1

Robbery - s234 Crimes Act 1961

• Theft
• Accompanied by
• Violence (or) threats of Violence
• Used to extort the property stolen (or) to prevent or overcome resistance to its being stolen.

Question 2

Dishonestly

Answer 2

Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 3

Claim of Right

Answer 3

Claim of right, in relation to any act, means 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.

Question 4

Nature of belief requiered

Answer 4

First the belief must be a belief in a proprietary or possessory right in property. That is, there must be a belief that relates to an element of ownership of the property in question or a right to take or retain possession of it.

Question 5

Four beliefs in claim of right

Answer 5

1. First the belief must be a belief in a proprietary or possessory right in property.
2. Secondly the belief must be about rights to the “property in relation to which the offence is alleged to have been committed”
3. Thirdly the belief must be held at the time of the conduct alleged to constitute the offence.
4. Fourthly the belief must be actually held by the defendant. The belief is not required to be reasonable or be reasonably held and may be based on ignorance or mistake.

Question 6

R v Skivington

Answer 6

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

Question 7

Taking

Answer 7

So property is “taken” and therefore theft is complete the moment the item is moved with intent to steal it.

Question 8

R v Lapier

Answer 8

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

Question 9

R v Cox

Answer 9

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.

Question 10

Property

Answer 10

Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest

Question 11

Accompanied by

Answer 11

it must be shown that the defendant not only had an intent to steal at the time the violence or threats were used, but that the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance.

Question 12

R v Maihi

Answer 12

“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 13

Violence

Answer 13

In the context of robbery, 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.

Question 14

Peneha v Police

Answer 14

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”

Question 15

Extort

Answer 15

To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly.”

Question 16

Prevent or overcome resistance

Answer 16

To “prevent” means “to keep from happening”.

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