Robbery Flashcards
What section, subsection and act covers Robbery?
Section 234(1) Crimes Act 1961
What section, subsections and act cover aggravated robbery
Section 235(a), 235(b) and 235(c) of the Crimes Act 1961
What Section, subsection and act covers Assault with Intent to Rob?
Section 236(1)(a), 236(1)(b) and 236(1)(c), 236(2)
What are the elements for Robbery s234(1)?
Theft
Accompanied by violence OR
accompanied by threats of violence
To any person or property
Used to extort the property as stolen
OR
to prevent or overcome resistance to its being stolen
What are the elements of aggravated robbery s235(a)?
robs any person
at the time of the robbery
OR
immediately before the robbery
OR
immediately after the robbery
causes grievous bodily harm
to any person
What are the elements of aggravated robbery s235(b)?
being together with any person or persons
robs
any person
What are the elements of aggravated robbery s235(c)?
being armed with any offensive weapon or instrument
OR
anything appearing to be such a weapon or instrument
robs
any other person
What are the elements for assaults with intent to rob s236(1)(a)?
with intent to rob any person
causes grievous bodily harm to that person or any other person
What are the elements for s236(1)(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
What are the elements of assault with intent to rob s236(2)?
assaults any person
with intent to rob that person or any other person
What are the elements of theft?
Dishonestly
and without claim of right
takes
any property
with intent to deprive the owner permanently of that property
Summarise Dishonestly
an act done without a belief of expressed or implied consent from the owner of the property
What is claim of right?
a belief at the time of proprietary or possessory right to the property
regarding takes, when is theft complete?
When the offender moves the property or causes the property to move
Name the case law surrounding when robbery is complete
R v Lapier
Explain R v Lapier
robbery is complete the instant the property is taken, even if only momentarily possessed
Explain R v Skivington
Defence to theft (claim of right) is a defence to robbery
Name the three case laws regarding accompanied by violence and threat of violence.
R v Maihi
Peneha v Police
R v Broughton
Explain R v Maihi
There must be a nexus (connection) between the act of stealing and a threat of violence
Explain Peneha v Police
the actions of the defendant include violent action tending to cause discomfort or bodily injury
Explain R v Broughton
When a threat of violence is made by the offender, it is measured by the conduct of the accused rather than the nerves of the person threatened
What does extort mean?
To obtain by coercion or intimidation
What does prevent mean?
To keep from happening
What does overcome mean?
to defeat or get the better of
what is grievous bodily harm?
harm that is really serious
Name and explain the case law regarding GBH
DPP v Smith, bodily harm is self-explanatory, grievous means no more or no less than really serious
What are three things that can make robbery aggravated?
(a) Causes GBH to any person
(b) Being together with another person or persons
(c) Being armed with an offensive weapon on instrument OR anything appearing to be such a weapon or instrument
Name the two pieces of case law regarding s235(b)?
R v Galey and R v Joyce
Explain R v Joyce
must prove that at least two persons were physically present at the time the robbery was committed or the assault occured
Explain R v Galey
being together means two or more persons present having the common intention to use their combined force
Name the three classes of offensive weapon
Items that are made solely for the purpose of attacking or inflicting injury.
Items that may otherwise have a innocent purpose but have been altered or adapted for use for causing injury
items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that prupose.
Name the case law regarding offensive weapons
R v Bentham
Explain R v Bentham
What is possessed must under the defintion be a thing, a person’s hand or fingers are not a thing.
What two things must be present to form intent?
An intention to commit a deliberate act and an intention to get a specific result
Explain possession using case law
R v Cox
must prove physical and mental
physical - actual or potential custody or control
mental - knowledge and intention
What is control
authoritative or dominating influence over something
