Robbery Flashcards
Robbery
Section, Elements and Penalty
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
Theft definition and caselaw:
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
Dishonestly definition
An act or omission done without belief that there was express or implied consent
Mistaken belief in regards to theft
- 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
Claim of right definition
At the time of the act, a proprietary right to the property
R v Skivington circumstances
The defendant went to the office where he and his wife worked and forced them at knife point to give his pay cheque early
R v Skivington
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
R v Lapier circumstances
Snatched an earring from lady’s ear but it got tangled in her hair
R v Lapier
Robbery is complete the moment the property is taken, even if possession is only momentary
R v Peat
The immediate return of the property will not purge the offence
Explain ‘using or dealing with’ in terms of Robbery
‘Using or dealing with’ property requires that the defendant acted contrary to any authority or consent given by the owner
R v Cox
Possession involves 2 elements.
1) the physical elements, actual or potential physical custody.
2) the mental element, a combination of knowledge and intention
Give an example of potential custody
Storing the thing in question at an associates house or through an agent
Definition of property
Include real and personal property and any estate or interest in any property or debt
Explain ‘ownership’ for the purposes of theft
(a) possession or control of the property
(b) any interest in the property
(c) the right to take possession or control of the property
R v Maihi circumstances
The defendant kept saying he liked the leather jacket and the complainant handed it over.
R v Maihi
There must be a nexus between the act of stealing and the threat of violence. Both must be present but need not be contemporaneous
R v Mitchell
What is this assessed by?
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
In the context of Robbery what must the violence involve?
More than a minimal degree of force and more than a technical assault but need not involve the infliction of bodily injury
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom
R v Broughton
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
Examples of conduct or considerations which may amount to a threat of violence
- 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
Extort meaning:
To obtain by violence, coercion or intimidation
Prevent meaning:
To keep from happening.
Anticipates resistance and uses violence to prevent it
Overcome meaning:
To defeat. prevail or get the better of.
Resistance occurs and violence is used to overpower.
Aggravated Robbery (a)
Section and Elements
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
Aggravated Robbery (b)
Section and Elements
Section 235(b) CA 1961
- Being together with any other
person(s) - Robs
- Any person
Aggravated Robbery (c)
Section and Elements
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
DPP v Smith
“Bodily Harm” needs no explanation and “grievous” means no more and no less than “really serious”.
R v Joyce
The crown must establish that at least 2 persons were physically present at the time the Robbery was committed or the assault occurred.
R v Galey
“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”
Being armed with meaning:
Carrying or has it available for immediate use as a weapon
Three broad classes of offensive weapon:
- 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
R v Bentham
A persons body is not a weapon (ie a hand under the shirt)
Assault with intent to rob (1)(a)
Section 236(1)(a)
- With intent to rob any
person - Causes GBH
- To that person or any
other person
Assault with intent to rob (1)(b)
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
Assault with intent to rob (1)(c)
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
Assault with intent to rob (2)
Section, Elements and Penalty
Section 236(2)
- Assaults
- Any person
- With intent to rob that
person or any other
person
7 years
Assault meaning:
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
Steps at scene for dealing with a Robbery
- 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
R v Pacholko
It is the conduct of the accused which has to be assessed rather than the ‘strength of nerves of the person threatened’
Offensive weapon definition:
Any article made or altered for use of causing bodily injury or intended by the person having it for such a use.
