Robbery Flashcards

1
Q

Robbery

Section/Penalty/Elements

A

S234(1) CA61

10 Years Imp

1) Theft
2) Accompanied by violence
OR
threats of violence
3) To any person or property
4)Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen

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2
Q

S234(1)
Element 1
Theft
What case laws and definitions for this element?

A

Define: Theft, Claim of right

Case laws:
R v Lapier
R v Skivington
R v Peat

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3
Q

Theft
Section/Elements

A

Sec 219 (1) Crimes Act 1961

1) Dishonestly
2) without claim of right
3) takes
4) any property
5) with intent to deprive any owner permanently of that property or of any interest in that property.

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4
Q

Claim of right
Definition

A

A belief in the possesory right to the property

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5
Q

S234(1)
Element 2
Accompanied by violence OR Threats of Violence
What case laws and definitions for this element?

A

Violence = Case laws:
R v Maihi
R v Mitchell
Peneha v Police

Threats = Case Laws:
R v Broughton

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6
Q

S234(1)
Element 3
To any person or property
What case laws and definitions for this element?

A

Person - Gender neutral, proven by JN or CE

Property - Includes real and personal property, and any estate or interest in any real or personal property

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7
Q

S234(1)
Element 4
Used to extort any property stolen OR To prevent or overcome resistance to it being stolen
What case laws and definitions for this element?

4 definitions

A

Definition
Extort: obtain by coercion or intimidation
Prevent: Keep from happening
Overcome: to get the better of
Property: includes any real or personal property

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8
Q

Which Three Caselaws are the same across all four Robbery offences?

Note: Robbery and the 3 Agg Rob

A

R v Lapier
R v Skivington
R v Maihi

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9
Q

Case law:
R v Lapier

A

Robbery is complete at the time the property is taken

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10
Q

Case law:
R v Skivington

A

Claim of right is a defence to robbery

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11
Q

Case law:
R v Peat

A

Return does not negate the offence

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12
Q

Case law:
R v Maihi

A

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

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13
Q

Case law:
Peneha v Police

A

Defendants acts forcibly interferes with the personal freedom, or amount to a forcible powerful or violent action or motion

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14
Q

A belief in the possesory right to the property

A

Claim of right
Definition

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15
Q

Robbery is complete at the time the property is taken

A

Case law:
R v Lapier

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16
Q

Claim of right is a defence to robbery

A

Case law:
R v Skivington

17
Q

Return does not negate the offence

A

Case law:
R v Peat

18
Q

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

A

Case law:
R v Maihi

19
Q

Defendants acts forcibly interferes with the personal freedom, or a forcible powerful or violent action or motion

A

Case law:
Peneha v Police