Robbery Flashcards
Liability for: Robbery
234(1) Crimes Act 1961
Theft
Accompanied by violence, or threats of violence
To any person or property
Used to extort the property stolen, or prevent or overcome resistance to it being stolen.
Liability: Theft
Dishonestly
Without claim of right
Takes
Any property
With intent to deprive the owner permanently of that property.
Liability: Aggravated Robbery GBH
235(a) Crimes Act 1961
Robs any person
At the time of, or immediately after, or immediately before the Robbery
Causes GBH
To any person
Liability: Aggravated Robbery - together with
235(b) Crimes Act 1961
Being together with any other person, or person’s
Robs
Any person
Liability: Aggravated Robbery - Offensive weapon
235(c) Crimes Act 1961
Being armed with an offensive weapon or instrument, or anything appearing as such a weapon or instrument
Robs
Any other person
Liabilty: Assaults with intent to Rob - GBH
236(1)(a) Crimes Act 1961
With intent to rob any person
Causes GBH to that person or any other person
Liabilty: Assault with intent of Rob- weapon
236(1)(b) Crimes Act 1961
With intent to rob any person
Being armed with an offensive weapon or instrument, or anything appearing as such weapon or instrument
Assaults that person or any other person
Liability: Assault with intent to Rob - together with
236(1)(c) Crimes Act 1961
With intent to Rob any person
Being together with any other person or person’s
Assaults that person or any other person
Liability: Assault with intent to Rob - 236(2)
236(2) Crimes Act 1961
Assaults Any person
With intent to Rob that person or any other person
Define: Dishonestly
Without implied consent or authority from someone in a position to give consent
Define: Without claim of right
No possessory or proprietary right to the property.
Case law: Claim of right
R v Skivington
The defendant needs to establish that he had at the time, the proprietary or possessory right of the property that was taken.
Theft is a part of Robbery. If he had honest belief at the time he was in titled to property then it wouldn’t be Robbery.
Define: takes
Moves or causes to move
Define: Property
Real and personal property
Define: Aggravated
To make worse
Caselaw: Robbery complete
R v Lapier
Robbery is complete the instant the property is taken.
Caselaw: Robbery intent
R v Peat
Immediate return of goods does not purge offence, the intent at the time of the taking was there.
Define: violence
Must involve a minimal degree of force, more than a technical assault.
Caselaw: violence
Peneha v Police
Actions of the defendant forcefully interferes with the victims personal freedom, therefore, must be more than minimal
Caselaw: Threats of violence
R v Broughton
Manifestation to inflict violence can be through words or actions. Surrounding circumstances will show the threats the victims fears were sufficient
Define: Accompanied by violence
Need not be actual assault, must prove violence was used with intention to extort
Caselaw: Accompanied by violence
R v Maihi
Must be a connection between the violence and theft
Define: Extort
Obtain by coercion or intimidation
Define: Prevent
Keep from happening
Define: Overcome
Defeat, prevail over, get better off in conflict
Caselaw: Possession
R v Cox
Need to prove physical element (Actual or potential possession) and mental element (knowledge and intention)
Caselaw: Weapon Agg Rob
R v Bentham
Person must have a weapon or instrument, hands not sufficient
Caselaw: Being together with another person
R v Joyce
Crown must prove that at least two persons were physically present
R v Galey
Being together, having the common intent to use their combined force
Caselaw: Threats continued
R v Mitchell
Threats can be continuing effect where victim may hand over item as a result of previous Threats still operating in victims mind
