Robbery Flashcards
What are the elements of Robbery section 234(1) Crimes Act 1961.
-theft
-accompanied by violence or threats of violence
-against any person or property.
-uses to extort the property stolen or prevent or overcome resistance to the property being stolen.
What are the elements of aggravated robbery section 235(a) crimes act 1961.
-robs any person.
-at the time of or immediately before or after the robbery
-causes GBH to any person
What are the elements of Aggravated Robbery section 235(b) crimes act 1961
-being together with any other person
-robs
-any person
What are the elements of aggravated robbery section 235(C) crimes act 1961
-being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument.
-robs
-any person
What are the elements of assault with intent to rob section 236(1)(a)
-With intent to rob any person
-causes GBH to that person or any other person.
What are the elements of assault with intent to rob section 236(1)(b) crimes act 1961
-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
What are the elements of Assault with intent to rob section 236(1)(c) crimes act 1961
-with intent to rob any person
-being together with any other person or persons.
-assaults that person or any other persons.
R v Lapier
Lapier and Pete, theft complete:
Robbery is complete the moment the item is taken even if possession is only momentary.
R v Maihi
For Robbery 234 and 235 There must be a nexus between the theft and the threats of violence, does not need to be contemporaneous.
R V Joyce
Robbery section 235(b) two persons must be physically present at the time the robbery was committed.
R v Galey
Aggravated robbery section 235(b) require that being together involves two or more persons with the common intent to use their combined force
R v Skivington
Robbery ‘claim of right’ is a defence to the theft but is still liable for the violence.
R V Bentham
I’m aggravated robbery section 235(c) a persons body part is not a “thing”
R v Broughton
During a robbery the threats are the manifestation of the intention to do violence, may be direct or veiled, conveyed by conduct or by words. Absence of fear by the victim dose not negate the threat
R v Mitchell
Robbery 234(1) previously made threats on the victims mind are assessed by fact and degree in each case
To extort is to?
Obtain by coercion or intimidation
Offensive weapon
Any article made, altered or capable of being used for causing bodily injury.
Claim of right is?
1) A belief at the time in a proprietary or prossessory right in the property.
2) must be about the property in relation to the offence.
3) must be a belief held at the time of the theft.
4) belief must actually be held by the offender
What are the elements of assault with intent to rob section 236(2)?
-with intent to rob any person
-assaults that person or any other person
What are the elements of Demanding with intent to steal section 239(1)?
-Without claim of right
-by force or with any threat
Compels any person to execute, make, accept, endorse, alter or destroy.
-any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
What are the elements of Demanding with intent to steal section 239(2) crimes act 1961?
-with menaces or by any threat
-demands any property
-from any persons
-with intent to steal it
Property is?
Includes any real and personal property and any estate or internet in any real estate or personal property.
Dishonesty is?
An act done or omitted without a belief that there was consent or authority from a person entitled to give such consent.
Unlawfully is?
Without lawful justification, authority or excuse
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with the 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 Wells
In 235a there is no need for the harm to be inflicted on the victim of the robbery.
