Robbery Flashcards
ROBBERY
Section 234(1), Crimes Act 1961
- 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 its being stolen
AGGRAVATED ROBBERY (a)
Section 235(a), Crimes Act 1961
- Robs any person
- At the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm
- To any person
AGGRAVATED ROBBERY (b)
Section 235(b), Crimes Act 1961
- Being together with any other person or persons,
- Robs
- Any person
AGGRAVATED ROBBERY (c)
Section 235(c), Crimes Act 1961
- Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
- Robs
- Any other person
ASSAULT WITH INTENT TO ROB (1)(a)
Section 236(1)(a), Crimes Act 1961
- With intent to rob any person
- Causes grievous bodily harm to that person or any other person
ASSAULT WITH INTENT TO ROB (1)(b)
Section 236(1)(b), Crimes Act 1961
- 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 (1)(c)
Section 236(1)(c), Crimes Act 1961
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other person
ASSAULT WITH INTENT TO ROB (2)
Section 236(2), Crimes Act 1961
- Assaults any person
- With intent to rob that person or any other person
Robbery complete
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Robbery complete
R v Peat
the immediate return of the property by the robber does not absolve the crime.
defence to robbery
R v Skivington
Defence to theft (claim of right) is a defence to Robbery
Robbery nexus
R v Maihi
There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.
Threat of Violence
R v Broughton
A threat may be direct or veiled, conveyed by conduct or words, or both. Absence of fear by the victim does not negate the threat.
Together with – Robbery
R v Joyce
Crown must establish at least two people physically present at the time of the robbery.
Together with – Robbery
R v Galey
Being together means two or more person having the common intention to use their combined force.
- Armed with – Offensive weapon
R v Bentham
“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.
Threat of violence - Robbery
Peneha v Police
It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.
To any person - Robbery
R v Wells
there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Lapier - Robbery complete
the immediate return of goods by the robber does not purge the offence
R v Peat - Robbery complete
Defence to theft (claim of right) is a defence to Robbery
R v Skivington – defence to robbery
There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.
R v Maihi - Robbery nexus
A threat may be direct or veiled, conveyed by conduct or words, or both. Absence of fear by the victim does not negate the threat.
R v Broughton - Threat of violence - Robbery
“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 - Together with – Robbery
“Being together” in the context of section 235(b) means two or more persons having the common internet to use their combined force.
R v Galey - Together with – Robbery
“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.
R v Bentham - Armed with – Offensive weapon
It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.
Peneha v Police - Threat of violence - Robbery
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 of the nerves of the person threatened’
R v Pacholko - Threat of violence - Robbery
there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.
R v Wells - To any person - Robbery
Define Without Claim of Right
S2 CA1961 Belief in a possessory right of the property.
Define Dishonestly
Without a belief that there was consent form a person with authority to give it.
R v Mitchell
There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.
There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.
R v Mitchell
Define extort
Obtain by coercion or intimidation
What is section 202A CA1961
offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
Define Prevent
To stop the possibility of resistance.
Define Overcome resistance
To overpower or get the better of in conflict
Assault with Intent to Rob - Name, Act, Section
Assault with Intent to Rob - 236 CA1961
With intent to
Rob
Any person
(a) Causes grievous bodily harm to that person or any other person; or
(b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.
