Robbery Flashcards

1
Q

What section, subsection and act covers Robbery?

A

Section 234(1) Crimes Act 1961

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2
Q

What section, subsections and act cover aggravated robbery

A

Section 235(a), 235(b) and 235(c) of the Crimes Act 1961

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3
Q

What Section, subsection and act covers Assault with Intent to Rob?

A

Section 236(1)(a), 236(1)(b) and 236(1)(c), 236(2)

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4
Q

What are the elements for Robbery s234(1)?

A

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

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5
Q

What are the elements of aggravated robbery s235(a)?

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

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6
Q

What are the elements of aggravated robbery s235(b)?

A

being together with any person or persons

robs

any person

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7
Q

What are the elements of aggravated robbery s235(c)?

A

being armed with any offensive weapon or instrument
OR
anything appearing to be such a weapon or instrument

robs

any other person

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8
Q

What are the elements for assaults with intent to rob s236(1)(a)?

A

with intent to rob any person

causes grievous bodily harm to that person or any other person

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8
Q

What are the elements for s236(1)(b)?

A

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

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9
Q

What are the elements of assault with intent to rob s236(2)?

A

assaults any person

with intent to rob that person or any other person

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10
Q

What are the elements of theft?

A

Dishonestly

and without claim of right

takes

any property

with intent to deprive the owner permanently of that property

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11
Q

Summarise Dishonestly

A

an act done without a belief of expressed or implied consent from the owner of the property

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12
Q

What is claim of right?

A

a belief at the time of proprietary or possessory right to the property

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13
Q

regarding takes, when is theft complete?

A

When the offender moves the property or causes the property to move

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14
Q

Name the case law surrounding when robbery is complete

A

R v Lapier

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15
Q

Explain R v Lapier

A

robbery is complete the instant the property is taken, even if only momentarily possessed

16
Q

Explain R v Skivington

A

Defence to theft (claim of right) is a defence to robbery

17
Q

Name the three case laws regarding accompanied by violence and threat of violence.

A

R v Maihi

Peneha v Police

R v Broughton

18
Q

Explain R v Maihi

A

There must be a nexus (connection) between the act of stealing and a threat of violence

19
Q

Explain Peneha v Police

A

the actions of the defendant include violent action tending to cause discomfort or bodily injury

20
Q

Explain R v Broughton

A

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

21
Q

What does extort mean?

A

To obtain by coercion or intimidation

22
Q

What does prevent mean?

A

To keep from happening

23
Q

What does overcome mean?

A

to defeat or get the better of

24
what is grievous bodily harm?
harm that is really serious
25
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
26
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
27
Name the two pieces of case law regarding s235(b)?
R v Galey and R v Joyce
28
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
29
Explain R v Galey
being together means two or more persons present having the common intention to use their combined force
30
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.
31
Name the case law regarding offensive weapons
R v Bentham
32
Explain R v Bentham
What is possessed must under the defintion be a thing, a person's hand or fingers are not a thing.
33
What two things must be present to form intent?
An intention to commit a deliberate act and an intention to get a specific result
34
Explain possession using case law
R v Cox must prove physical and mental physical - actual or potential custody or control mental - knowledge and intention
35
What is control
authoritative or dominating influence over something