Robbery Flashcards
Elements of Robbery
- 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
Aggravated robbery (a)
- robs any person
- at the time of, or immediately before or immediately after, the robbery,
- causes GBH
- to any person
Aggravated robbery (b)
- Being together with any other person or persons
- robs
- any person
Note: relates to case law R v Joyce and R v Galey
Aggravated robbery (c)
- being armed with any offensive weapon or instrument or anything appearing to be such weapon or instrument
- robs
Any person
Assault with intent to rob (a)
- With intent to rob any person
- causes GBH to that person or any other person
Assault with intent to rob (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
Assault with intent to rob (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)
- assaults any person
- with intent to rob that person or any other person
R v maihi
There must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present. Doesn’t need to be contemporaneous (ie can have time lapse is nexus is there)
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 of motion producing a very marker or powerful effect tending to cause bodily injury or harm.
Simple - actions of the defendant that cause injury or discomfort is enough.
In this case the discomfort to victim during handbag snatch from offender constitutes ‘violence’ even though he offender didn’t necessarily intend to cause the harm, his actions of pulling off her body was enough
R v Broughton
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. Can be words or conduct of both.
The presence or absence of fear is not a yardstick. Conduct of accused which has to be assessed not the nerves of victim.
Ie - even if no direct threat. You roll up on one person with a bunch or ppl and ask for money, your conduct (of bringing a large group) can be seen as a veiled threat. You don’t need to reference it all and the victim doesn’t need to be scared for it to constitute a robbery.
R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery or assault occurred.
R v galey
Being together involved “two of more persons having the common intention to use their combined force, either in any event or circumstances might require, directly in the perpetration of the crime”
Basically need to have an active role in the robbery or assault to be considered physically present (in relation to 235 (1) (b) two or more) Can’t be lookout or encourage the offending.
Describe an offensive weapon
Any article made or altered for use for causing bodily injury or intended by the person having it with him or her for such use.
Three types or categories
- made for use (guns, swords etc)
- may be innocent but have been altered or adapted for use for causing injury ( broken bottle, sharpen shank etc)
- items that are intended to cause injury, which includes any THING capable of causing injury (bats, chains, kitchen knives etc)
Definition of instrument
Not defined in statute but will include any item intended to be used as a weapon or to intimidate
