Robbery Flashcards
What section is Robbery?
Robbery
Section 234(1), Crimes Act 1961
What are the elements of Robbery?
• Theft
• Accompanied by violence OR threats of violence
• To any person OR property
• Used to extort the stolen property OR prevent or overcome any resistance to its being stolen
Define theft.
Definition: Theft as per section 219 (1)(a) Crimes Act 1962, is defined as dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.
List the relevant case law for accompanied by violence.
R v Maihi
Peneha v Police
R v Broughton
R v Pacholko
What does R v Maihi relate to and explain what was held in the case.
There must be a link or connection between the stealing and violence/threat of violence.
Both must be present however the term does not require them to be contemporaneous.
What does Peneha v Police relate to and explain what was held in the case.
It is sufficient that actions of the Defendant interfere with personal freedom, or amount to a powerful or violent action or motion producing a powerful effect tending to cause bodily injury or discomfort.
Define to any person or property.
Proved by JN/CE.
Gender neutral, any person or property it does not need to be the victim or the victims property.
Define used to extort the property stolen.
To overcome by coercion or intimidation.
If the threats have not affected the will of the Victim, there is no robbery.
List the relevant case law for accompanied by threats of violence.
R v Maihi
R v Broughton
R v Pacholko
Define prevent or overcome resistance.
Prevent: To keep from happening.
Overcome: To defeat; to prevail over; to get the better of in a conflict.
List the relevant case law for theft.
R v Lapier
R v Skivington
R v Peat
R v Cox
Define dishonestly.
To do or omit without permission or authority from the owner or someone entitled to give permission or authority.
Define claim of right.
Claim of right means to have, at the time of the act, a proprietary right or possessory right to the property.
Define takes.
When the property is moved or has been caused to be moved.
Explain what R v Lapier relates to and what was held in the case.
Robbery is complete the instant the property is taken, even if possession by the thief is momentary.
Explain what R v Skivington relates to and what was held in the case.
Remember Skivi as Steve defending 🙅♂️
Claim of right is a defence to theft and so is a defence to robbery.
Explain what R v Peat relates to and what was held in the case.
R v Peat relates to when robbery is complete. It explains that the immediate return of goods by the robber does not matter, the robbery has already been completed.
What section is Aggravated Robbery (GBH)?
Aggravated Robbery
Section 235(a), Crimes Act 1961
What are the elements for Aggravated Robbery under section 235(a), Crimes Act 1961.
- Robs
- Any person
- At the time of, or immediately before or immediately after, the robbery causes GBH
- To any person
Define robs.
Theft accompanied by violence or threat of violence to any person or property to extort or prevent or overcome any resistance to its being stolen.
Explain what R v Cox relates to and what was held in the case.
R v Cox relates to possession.
It explains that there are two elements for possession. The first and physical, is actual or potential custody or control.
The second and mental, knowledge by the offender that it is in their possession.
Define at the time of, or immediately before or immediately after, the robbery, causes GBH.
GBH means really serious harm.
List the relevant caselaw for GBH.
DPP v Smith.
Explain what DPP v Smith relates to and explain what was held in the case.
DPP v Smith relates GBH.
It explains the bodily harm need no explanation and grievous means no more and no less than really serious.
