Robbery Flashcards
Robbery
S234(1), CA1961
T
ABV/ABTOV
TAPOP
UTETPS/TPOORTIBS
Aggravated Robbery (GBH)
S235(a), CA1961
RAP
@TTO/IB4/IA,TR
CGBH
TAP
Aggravated Robbery (BOP)
S235(b), CA1961
BTWAOPOPs
R
AP
Aggravated Robbery (COW)
S235(c), CA1961
BAWAOWOI/ATATBSAWOI
R
AOP
Assault with intent to Rob (GBH)
S236(1)(a), CA1961
WITRAP
CGBHTTPOAOP
Assault with intent to Rob (BOW)
S236(1)(b), CA1961
WITRAP
BAWAOWOI/ATATBSAWOI
ATPOAOP
Assault with intent to Rob (COP)
S236(1)(c), CA1961
WITRAP
BTWAOPOPs
ATPOAOP
Assault with intent to Rob (-)
S236(2), CA1961
AAP
WITRTPOAOP
R v Skivington
Theft is the first and an essential element of robbery.
A claim of right (WCOR) defence to the theft is also a defence to robbery.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Cox
(Possession)
Possession involves two elements.
1) Physical - actual or potential physical custody or control.
2) Mental - combination of knowledge and intention.
Knowledge is the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v Maihi
ABV/ABTOV
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 presents.
However, the term does not require that the act of stealing and the threat of violence be contemporaneous.
Peneha v Police
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.
R v Broughton
A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over.
The threat may be direct or veiled.
It may be conveyed by words or conduct or a combination of both.
R v Joyce
BTWAOPOPs - Physical Proximity
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.