Robbery Flashcards
Robbery s234 Crimes Act 1961
List the Elements
Theft
Accompanied by violence or accompanied by threat of violence
To any person or Property
Used to Extort the property Stolen or to prevent or overcome resistance to it being stolen
Aggravated Robbery
S 235(a) Crimes Act 1961
List the elements
Robs any person
At the time of, or immediately before or immediately after, the robbery
Causes GBH
To any person
Aggravated Robbery
Section 235(b) Crimes Act 1961
List the elements
Being together with any other person or persons
Robs
Any person
Aggravated Robbery
Section 235(c) Crimes Act 1961
List the elements
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
Section 236(1)(a)
List the elements
With intent to rob any person
Causes GBH to that person or any other person
Assault with intent to rob
section 236(1)(b)
List the elements
With intent to rob any person
Being armed with an 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
section 236(1)(c)
List the elements
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
Section 236(2) Crimes Act 1961
List the elements
Assaults any person
With intent to Rob that person or any other person
An essential element of Robbery is theft. Define Theft (s219) Crimes Act 1961
Dishonestly and without claim of right, taking any property with intent to deprive the owner permanently of that property or any interest in that property in such a manner that it cannot be returned to the owner in the same condition.
For tangible property, theft is committed when the offender moves the property or causes it to be moved.
Dishonestly means?
(S217 Crimes Act 1961)
In relation to any Act or omission, means done or omitted without a belief that there was express or implied consent to, or authority from a person entitled to give such consent or authority
Claim of Right 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.
R v Skivington is case law relating to claim of right as a defence to Robbery, what does this case say about the element of theft as it pertains to robbery?
R v Skivington says that theft is an element of robbery and that if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements of the defence of robbery and the full offence is not made out.
The term ‘taking’ as it refer to tangible property means theft is committed when what happens?
The offender moves the property or causes it to be moved
R v Lapier states that Robbery is complete when…?
Robbery is complete the instant the property is taken, even is possession by the thief is only momentary.
R v Cox relates to possession, what two elements must be proved to satisfy possession?
The first is the Physical element, actual or potential physical custody or control.
The second is the mental element a combination of the accused had an awareness that the substance was in his possession and an intention to exercise possession.
Define Property as per s2(1) Crimes Act 1961
Property includes real and personal property and any estate or internet in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
There are two components to Intent, what are they?
An intention to commit an act,
To get a specific result
When proving intent, an offender admissions are potentially good evidence, however intent can also be inferred by circumstantial evidence, what are the three components of proving intent (R v Collister)
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself
Intent to Deprive owner permanently of property includes an intent to deal with the property in such a manner that?
The property cannot be returned to the owner in the same condition, or
Any owner is likely to be permanently deprived of the property or of any interest in the property
‘Accompanied by Violence or threats of violence’ means the prosecution must prove a connection between the violence and the stealing of the property. What does R v Maihi say about this?
It is implicit in ‘accompany’ that there must be a connection or link between the act of stealing and the threat of violence. Both must be present however it does not require that the stealing and violence be contemporaneous
‘ Violence’ must involve more than a minimal degree of force and more than a technical assault but not need involve the infliction of bodily injury. What was the finding in Peneha v Police?
It was sufficient that the actions of the defendant forcibly interfered 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
Peneha v Police
‘Threats of Violence’ includes a direct or veiled warning that violence will be used if the victim does not meet the robbers demands, what was the finding of R v Broughton ?
The threat of violence is the manifestation of an intention to inflict violence unless the property is handed over.
The actual presence or absence of fear is not the yardstick. It is the conduct of the accused which has to be assessed.
