Robbery Flashcards
Section 234(1)
Robbery
- theft
- accompanied by violence OR accompanied by threats of violence
- to any person
- used to extort the property stolen OR to prevent or overcome resistance to its being stolen
Theft elements
- dishonestly
- without claim of right
- takes any property
- with intent to deprive the owner permanently of that property
Section 235(a)
Aggravated robbery
- robs any person
- at the time of OR immediately before OR immediately after the robbery
- causes GBH
- to any person
Section 235(b)
Aggravated robbery
- being together with any other person or persons
- robs
- any person
Section 235(c)
Aggravated robbery
- being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
- robs
- any other person
Section 236(1)(a)
Assault with intent to rob
- with intent to rob any person
- caused GBH to that person or any other person
Section 236(1)(b)
Assault with intent to rob
- with intent to rob any person
- being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
- assaults that person or any other person
Section 236(1)(c)
Assault with intent to rob
- with intent to rob any person
- being together with any other person or persons
- assaults that person or any other person
Section 236(2)
Assault with intent to rob
- assaults any person
- with intent to rob that person or any other person
R v Skivington
Theft is an element of robbery. If the honest belief that a man has a claim of right is a defence then it negates the elements of the offence. Without proof of which the full offence is not made out
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Cox
Physical element - actual or potential physical custody or control
Mental element - combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession
R v Maihi
There must be a nexus between the act of stealing and a threat of violence. Both must be present
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort
R v Broughton
A threat of violence is the manifestation to an intention to inflict violence unless the money or properly be handed over
R v Joyce
There must be at least two persons physically present at the time the robbery was committed or the assault occurred
R v Galey
Being together involved two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.
Dishonestly
Does or omits an act without belief that there was express or implied consent
Without claim of right
A belief at the time in a propriety or possessory right in the property
Takes
Theft is committed by taking or causing it to be moved
Property
Real and personal property
With intent
An intention to commit an act and an intention to produce a specific result
Accompanied by violence
Case law
R v Maihi
There must be nexus between the act of stealing and the threat of violence. However it doesn’t not mean that they need to be contemporaneous
Peneha v Police
The actions of the defendant interfere with victim with such force to cause injury or discomfort
Used to overcome resistance
Overcome means to defeat, prevail to get better off in conflict
Offensive weapon
X is an offensive weapon as per section 202A of CA 1961.
Article made or altered for use causing bodily harm
Carrying with the intention to inflict bodily harm
Three broad classes of offensive weapons
- Made solely for purpose of attacking or inflicting injury
- Innocent purpose but has been altered/adapted for causing injury e.g. broken bottle
- Intended to cause injury. Includes anything capable of causing injury e.g. knife, baseball bat
Instrument
Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist
