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Violence Module > Robbery > Flashcards

Robbery Flashcards

1
Q

Robbery

Section, Elements and Penalty

A

Section 234 (1) Crimes Act

  • Theft
  • Accompanied by violence or threats of violence
  • To any person or property
  • Used to extort the property stolen or to prevent or overcome resistance to its being stolen

10 years

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2
Q

Theft definition and caselaw:

A

Dishonestly and WCOR, taking/using or dealing with any property with intent to deprive any owner permanently of that property or interest

R v Lapier
R v Peat
R v Cox

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3
Q

Dishonestly definition

A

An act or omission done without belief that there was express or implied consent

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4
Q

Mistaken belief in regards to theft

A
  • The act or omission was,
    expressly or impliedly,
    consented to by a person
    entitled to give consent
  • That the act or omission was
    authorised by a person
    entitled to authorise it
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5
Q

Claim of right definition

A

At the time of the act, a proprietary right to the property

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6
Q

R v Skivington circumstances

A

The defendant went to the office where he and his wife worked and forced them at knife point to give his pay cheque early

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7
Q

R v Skivington

A

Theft is an element for Robbery, and if the honest belief that a man has a claim of right is a defence to theft then he has a defence to Robbery

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8
Q

R v Lapier circumstances

A

Snatched an earring from lady’s ear but it got tangled in her hair

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9
Q

R v Lapier

A

Robbery is complete the moment the property is taken, even if possession is only momentary

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10
Q

R v Peat

A

The immediate return of the property will not purge the offence

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11
Q

Explain ‘using or dealing with’ in terms of Robbery

A

‘Using or dealing with’ property requires that the defendant acted contrary to any authority or consent given by the owner

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12
Q

R v Cox

A

Possession involves 2 elements.

1) the physical elements, actual or potential physical custody.

2) the mental element, a combination of knowledge and intention

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13
Q

Give an example of potential custody

A

Storing the thing in question at an associates house or through an agent

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14
Q

Definition of property

A

Include real and personal property and any estate or interest in any property or debt

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15
Q

Explain ‘ownership’ for the purposes of theft

A

(a) possession or control of the property

(b) any interest in the property

(c) the right to take possession or control of the property

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16
Q

R v Maihi circumstances

A

The defendant kept saying he liked the leather jacket and the complainant handed it over.

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17
Q

R v Maihi

A

There must be a nexus between the act of stealing and the threat of violence. Both must be present but need not be contemporaneous

18
Q

R v Mitchell

What is this assessed by?

A

Property may be handed over because of threats previously made, acting on the victims mind at the time.

Assessed by fact and degree in each case

19
Q

In the context of Robbery what must the violence involve?

A

More than a minimal degree of force and more than a technical assault but need not involve the infliction of bodily injury

20
Q

Peneha v Police

A

It is sufficient that the actions of the defendant forcibly interfere with personal freedom

21
Q

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

2 street kids asking for money, amounted to threat

22
Q

Examples of conduct or considerations which may amount to a threat of violence

A
  • the relative ages
  • their respective physiques
  • their appearance
  • their demeanour
  • what was said and done by
    those involved
  • the manner and setting that
    the incident took place
23
Q

Extort meaning:

A

To obtain by violence, coercion or intimidation

24
Q

Prevent meaning:

A

To keep from happening.

Anticipates resistance and uses violence to prevent it

25
Q

Overcome meaning:

A

To defeat. prevail or get the better of.

Resistance occurs and violence is used to overpower.

26
Q

Aggravated Robbery (a)

Section and Elements

A

Section 235(a) CA 1961

  • Robs
  • Any person
  • At the time of or immediately
    before or immediately after,
    the robbery
  • Causes GBH
  • To any person

14 years

27
Q

Aggravated Robbery (b)

Section and Elements

A

Section 235(b) CA 1961

  • Being together with any other
    person(s)
  • Robs
  • Any person
28
Q

Aggravated Robbery (c)

Section and Elements

A

Section 235(c) CA 1961

  • Being armed with any
    offensive weapon or
    instrument or any thing
    appearing to be such a
    weapon or instrument
  • Robs
  • Any other person

14 years

29
Q

DPP v Smith

A

“Bodily Harm” needs no explanation and “grievous” means no more and no less than “really serious”.

30
Q

R v Joyce

A

The crown must establish that at least 2 persons were physically present at the time the Robbery was committed or the assault occurred.

31
Q

R v Galey

A

“Being together” in the context of 235(b) involves “two or more persons having the common intention to use their combined force in the perpetration of the crime”

32
Q

Being armed with meaning:

A

Carrying or has it available for immediate use as a weapon

33
Q

Three broad classes of offensive weapon:

A
  • Items that are made solely for
    the purpose of attacking or
    inflicting injury, such as
    firearms, swords or
    knuckledusters.
  • Items that may otherwise have
    an innocent purpose but have
    been altered or adapted for
    use for causing injury, such as
    a bottle that has been
    deliberately broken to create a
    jagged edge.
  • Items that are intended to
    cause injury, which includes
    anything capable of causing
    injury that is carried by the
    defendant for that purpose,
    such as a baseball bat or a
    knife
34
Q

R v Bentham

A

A persons body is not a weapon (ie a hand under the shirt)

35
Q

Assault with intent to rob (1)(a)

A

Section 236(1)(a)

  • With intent to rob any
    person
  • Causes GBH
  • To that person or any
    other person
36
Q

Assault with intent to rob (1)(b)

A

Section 236(1)(b)

  • With intent to rob any
    person
  • Being armed with any
    offensive weapon or
    instrument or anything
    appearing to be such a
    weapon or instrument
  • Assaults that person or
    any other person

14 years

37
Q

Assault with intent to rob (1)(c)

A

Section 236(1)(c)

  • With intent to rob any
    person
  • Being together with any
    other person or persons
  • Assaults that person or
    any other person
38
Q

Assault with intent to rob (2)

Section, Elements and Penalty

A

Section 236(2)

  • Assaults
  • Any person
  • With intent to rob that
    person or any other
    person

7 years

39
Q

Assault meaning:

A

The act of intentionally applying or attempting to apply force to the person or another, directly or indirectly or threatening by any act or gesture to apply force

40
Q

Steps at scene for dealing with a Robbery

A
  • Secure safety
  • Prevent crime
  • Contain area
  • Gather and preserve evidence
  • Establish and eliminate
    suspects
  • Identify offender
  • Locate offender
  • Search offender and their
    premise. Preserve evidence
  • Establish if case exists for
    prosecution
  • Prepare files for prosecution
41
Q

R v Pacholko

A

It is the conduct of the accused which has to be assessed rather than the ‘strength of nerves of the person threatened’

42
Q

Offensive weapon definition:

A

Any article made or altered for use of causing bodily injury or intended by the person having it for such a use.

Violence Module (10 decks)

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