Robbery Flashcards
Robbery
Crimes Act 1961 Section 234(1)
Theft
Accompanied by violence or threats of violence
To any person or property
Used to extort the property stolen or to prevent or overcome resistance to it being stolen
10 Years Imprisonment
Aggravated Robbery
Crimes Act 1961 Section 235
(A) robs any person at the time of or immediately before or immediately after causes GBH to any person
(B) being together with any other person or persons robs any person
(C) being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any person
14 Years Imprisonment
Assault with Intent to Rob
Crimes Act 1961 Section 236(1)
With intent to rob any person
A) causes GBH to that person or any other person
B) being armed with a weapon or instrument or anything appearing to be such a weapon or instrument assaults that person or any other person
C) being together with any other person or persons assaults that person or any other person
14 Years Imprisonment
Section 236(2)
Assaults any person
With intent to rob that person or any other person
7 Years Imprisonment
Demand with Intent to Steal
Crimes Act 1961 Section 239(1)
Without claim of right
By force or with any threat
Compels any person to make, execute, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage
With intent to obtain a benefit
14 Years Imprisonment
Crimes Act 1861 Section 239(2)
With menace or by any threat
Demands any property
From any person
With intent to steal it
Blackmail
Crimes Act 1961 Section 237(1)
Threatens expressly or by implication
To make any accusation against any person (living or dead) or to disclose something about any person (living or dead) or to cause serious damage to property or endanger the safety of any person with intent
A) to cause the person whom the the threat is made against to act in accordance with the will of the person making the threat and
B) to obtain any benefit or to cause loss to any other person
14 Years Imprisonment
Property
Crimes Act 1961 Section 2
Property includes real and personal property and any estate or interest in any real or personal property (money, electricity)and anything in action and any other right or interest
Violence or threats can be directed at any property not just the victims
Violence
In the context of robbery must be more than a minimal degree of force and more than a technical assault but does not require physical bodily injury
Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case
Extort
To extort means to obtain by coercion or intimidation
Extortion implies an overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with property
Accompanied by
The prosecutor must prove a connection between the violence / threats and the stealing of the property and
That the defendant had an intent to steal at the time of the violence / threats were used to extort property or prevent / overcome resistance to it being stolen
Being armed
The defendant is carrying the item or has it available for the immediate use as a weapon
Claim of Right
A belief that at the time of the act in a propriety or possessory right in property in respect to which the offence is alleged to have been committed although the belief may be based on ignorance or mistake of the fact or of any other matter of the law other than the enactment against which the offence is alleged to have been committed
R v Skivington
Theft is an ingredient of robbery, if there is an honest belief of claim of right then there is no robbery
Theft
Crimes Act 1961 Section 219
Dishonest and without claim of right takes any property with intent to deprive any owner permanently of the property or of any interest in that property
Theft is complete the moment the item is moved with the intent to steal it
Intent to Deprive Owner
The property can not be returned to any owner in the same condition or the owner is permanently deprived
Intent means to do it, they desire a specific result and act aim or purpose of achieving it
Instrument
Any item intended to be used as a weapon
To any person
The theft and the GBH does not need to be committed on the same person, violence may be directed on anyone
Grievous Bodily Harm
Harm that is really serious
DPP v Smith
Bodily harm needs no explanation, grievous means no more or no less than really serious
At the time / immediately before or after
The term immediate refers to the connection in time between the robbery and the infliction of GBH
Extort
To obtain by coercion or intimidation
Implies an overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with his property
Threats
A direct or veiled warning that violence will be used if the victim does not submit to the robbers demands
Offensive Weapon
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
Overcome
To defeat, to prevail over, to get the better of in conflict. Must show that violence / threats overcome resistance
Being together with
A joint enterprise of two or more persons physically present at the robbery
R v Joyce
The crown must prove that at least two persons were physically present at the time the robbery was committed or assault occurred
R v Galey
Two or more persons having the common intention to use their combined force
Possession - actual or constructive
Actual Possession
Is in the persons physical custody, it is on or about the person or immediately at hand
Constructive Possession
When it is not in a persons physical custody but have ready access to it or can exercise control over it
Anything appearing to be such
Any object appearing to be an offensive weapon or instrument but does not include part of the body
R v Bentham
A thing does not include a part of a persons body
Police v Peneha (violence Robbery)
It’s sufficient that the defendants actions interfere with the personal freedom and tend to cause bodily injury or discomfort
R v Bentham (offensive weapon / instrument)
A thing does not include a part of the body
R v Galey
Two or more persons having the common intention to use their combined force
R v Maihi (robbery accompanied by violence)
Must be a connection btw the stealing and the threat of violence, does not require that they be contemporaneous
R v Lapier (robbery - theft - takes
Robbery is complete the instant the property is taken even if possession by the thief is only momentary
Warner v Metropoliton Police Commissioner
Ideal possession is actual physical control and knowledge of its existence situation and qualities
R v Joyce
The crown must prove that at least two persons were physically present at the time the robbery was committed or the assault occurred
R v Skivington
Any defence for a charge of theft will also be a defence to a charge of Robbery therefore the defence of claim of right is a defence to robbery
