Robbery Flashcards
Crimes Act 1961, Section 234(1)
Robbery
Elements: CA1961 Section 234(1)
(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 resistance to its being stolen.
Defintion: Theft
Dishonestly, without claim of right, takes, any property, with intent to deprive any owner permanently of that property.
Definition: Claim of right
A belief at the time of the act in a proprietary or possessory right in property in relation to offence.
A genuine mistake as to a set of facts can be excuse.
A genuine mistaken view relating to a set of facts may provide a valid defense.
Case Law: Theft
- R v Skivington
- R v Peat
- R v Lapier
Definition: Extort
To obtain by coercion or threats
Definition: Prevent
To keep from happening
Defintion: Overcome
To get the better of
Definition: Property
Section 2(1), Crimes Act 1961 - Real and personal property, and any estate or interest in any real or personal property.
RTS: The clicker is real and personal property.
Case Law: Accompanied by violence or threats of violence
R v Maihi
Case Law: Accompanied by violence
Peneha v Police
Case Law: Accompanied by threats of violence
R v Broughton
R v Mitchell
Definition: Person
Gender neutral, proven by JN or circumstancial evidence.
Crimes Act 1961, Section 235(a)
Aggravated Robbery (GBH)
Elements: CA61 Section 235(a)
Aggravated Robbery (GBH)
- Robs any person
- At the time of, or immediately before or immediately after the robbery
- Causes GBH
- To any person
Definition: At the time of
The violence used at the time has resulted in serious harm
Definition: Immediately
A matter of fact or degree in each case
Definition: GBH
Harm that is really serious
Case Law: GBH
DPP v Smith
Crimes Act 1961, Section 235(b)
Aggravted Robbery (together with)
Elements: CA61 Section 235(b)
Aggravated Robbery (Together with)
- Being together with any other person
- Robs
- any person
Definition: Being together with any other person
Two or more people physically present and acting in commission of the robbery
Case Law: Being together with any other person
R v Galey
R v Joyce
Crimes Act 1961, Section 235(c)
Aggravated Robbery (Armed)
Elements: CA61 Section 235(c)
Aggravated Robbery (Armed)
- Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
- Robs
- Any other person
Definition: Armed with
Physically carrying the item or having it in their possession for immediate use.
Definition: Offensive weapon
Section 202A Crimes Act, any article capable of causing bodily harm
Case Law: Offensive weapon
R v Bentham
Definition: Assault
assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force.
