Robbery Flashcards
Robbery 234 (1) Crimes Act 1961
Theft
Accompanied by violence or threats of violence
To any property or person
Used to extort the property stolen or prevent or overcome resistance to it being stolen
235(a) Crimes Act 1961
Aggravated robbery
Rob
Any person
At the time or immediately before or immediately after the robbery
Causes GBH
To any person
235(b) Crimes Act 1961
Aggravated robbery.
Been together with any other person or persons.
Robs any person
235(c) Crimes Act 1961
Aggravated robbery
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
Rob
Any person
236 (1)(a)
Assault with intent to rob.
With intent to rob any person
Causes GBH
236 (1)(b)
Assault with intent to rob
With intent to rob any person
Being armed with weapon,
Assault person
236 (1)(c)
Assaulted with intent to rob.
With intent to rob person
Been together with any person,
Assault person
236 (2)
Assault with intent to rob.
Assaults any person
With intent to rob
Elements of theft
Dishonestly
Without claim of right
Takes
Property
With intent to deprive owner permanently
Definition of taking
Taking is complete when object is moved
Definition of accompanied by violence
Need not to be actual assault. Implied threat however must be sufficient to constitute violent and must prove threats were used with intention to extort person.
R V Maihi - accompany must be connection and linked between violence and theft. (Nexus)
Definition of violence
In context of robbery violence must involve more than minimal degree of force or more than technical assault. Need not involve inflection of bodily harm.
Peneha V Police - (violence) actions of defendant forcibly interfere with victims personal freedom. Therefore, violence or threats must be more than minimal.
Case law for GBH
DPP V Smith - grevious means no more than really serious and no less than really
Definition and case law of threat
Circumstances can help determine threat.
R V Broughton - manifestation of intention to inflict of violence can be through words or actions. Surrounding circumstances will show with a threats victim fears were sufficient.
Definition of extort
Obtained by coercion or intimidation. Overbearing The will of the victim.
Definition of prevent
Keep from happening
Definition of overcome
Defeat, prevail over, get better off in conflict
Definition of causes
In relation to GBH defendant must be criminally responsible for it
The definition and case law for joint enterprise
Mere presence in commission of robbery or without active participation is not sufficient to charge someone. Standing as a lookout for someone is not aggravated robbery however could be party two.
R V Joyce - must be established two people present at the time
R V Galey - both people committing offence must have same intent
Being armed with
Carrying or readily available
Definition of offensive weapon
Defined in section 202A crimes act 1961.
- Items that are made solely for the purpose of attack or inflicting injury. Such as firearms swords.
- 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.
3.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 knife.
Definition of instrument
An item intended to be used as a weapon
