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DDC > Robbery > Flashcards

Robbery Flashcards

1
Q

What offence does s234(1) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Robbery

  • Theft
  • Accompanied by violence OR accompanied by threats of violence
  • To any person or property
  • Used to extort the property stolen OR to prevent or overcome resistance to its being stolen.

10 years imprisonment

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2
Q

Define “theft”

A

Dishonestly without claim of right takes any property with intent to permanently deprive any owner of that property

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3
Q

Define “claim of right” in relation to robbery.

Cite relevant case law.

A

Belief in possessory or proprietary right in the property.

R v Skivington - claim of right is a defence to theft, and there too robbery.

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4
Q

Define “violence” in terms of robbery.

Cite relevant case law.

A

More than the minimal degree of force. Although injury does not need to occur.

Peneha v Police - actions of the defendant interfere with the personal freedom of the victim, or amount to powerful/violent action producing a powerful effect which tends to cause bodily injury/discomfort.

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5
Q

Explain “threats of violence”

Cite relevant case law.

A

Usually either a direct or veiled/inferred threat.

R v Maihi - must be link between threat and stealing. Need not be at the same time.

R v Mitchell - previous threats made can be on the Victims mind and induce robbery. Assessed by face and degree of each case.

R v Broughton - threats may be direct or veiled. Conveyed by words, actions or both. Absence of fear by the victim does not negate threat.

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6
Q

Define “any person”

A

Gender neutral. Proved by judicial notice or circumstantial evidence.

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7
Q

Define “extort”

A

Obtain by coercion or intimidation

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8
Q

Define “prevent”

A

To keep from happening

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9
Q

Define “overcome”

A

To defeat/prevail over/to get the better on conflict

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10
Q

Define “property”

A

Real, personal property, estate or interest. Can be tangible or intangible.

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11
Q

What are the different forms of aggravated robbery?

A
  1. Caused GBH to any person [s235(a)]
  2. Acted with another person [s235(b)]
  3. Armed with a weapon/instrument [s235(c)]
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12
Q
A
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13
Q

What offence does s235(a) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Aggravated robbery (Causes GBH)

  • Robs any person
  • At the time of OR immediately before OR immediately after, the robbery
  • Causes GBH
  • To any person

14 years imprisonment.

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14
Q

What is the definition of “at the time of” in regards to aggravated robbery (GBH)

A

A situation where violence is actually used to extort the property or prevent/overcome resistance to it.

Causes GBH during this process.

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15
Q

Explain “immediately before/immediately after”.

A

Considered on each case - a matter of fact and degree to be determined.

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16
Q

Define “causes”

A

Makes them criminally liable for it.

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17
Q

What is GBH?

A

Grievous bodily harm. Really serious harm (DPP v Smith)

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18
Q

Explain “to any person” in relation to aggravated robbery (GBH)

A

The person suffering GBH need not be the victim of the robbery

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19
Q

What offence does s235(b) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Aggravated robbery (together with)

  • Being together with any person or persons
  • Robs
  • Any person

14 years imprisonment

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20
Q

Explain “being together with”.

Cite relevant case law.

A

Must be “physically proximate” - two or more people physically present and acting in the commission of the robbery.

Joint enterprise must exist - mere presence does not suffice.

R v Joyce - 2 or more must be physically present.

R v Galey - 2 or more working together with common intent to rob.

21
Q

What offence does s235(c) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Aggravated robbery - with weapons.

  • Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument.
  • Robs
  • Any other person

14 years imprisonment.

22
Q

Explain “being armed with”

A

Carrying the item, or has it available for immediate use as a weapon.

23
Q

What are the three broad definitions of an offensive weapon in regards to aggravated robbery?

A

1) Items made solely for attacking/causing injury (firearms, sword, knuckledusters etc).

2) Innocent item altered for causing injury (i.e. bottle broken jagged edge)

3) Items intended to cause injury carried by the defendant for that purpose (baseball bat, knife etc.)

24
Q

Explain what an “instrument” is

A

Any item intended to be used as a weapon

25
Q

Explain the element “appearing to be such” in regards to aggravated robbery- with weapons.

Cite relevant case law.

A

Object that appeared to be a weapon to the victim, and used in such a way by the defendant.

R v Bentham - can’t be body parts (finger gun inside pocket)

26
Q

What are the eight sentencing guidelines for aggravated robbery.

A
  1. Degree of planning/preparation
  2. Number Of participants and what they did.
  3. Disguises used
  4. Types of weapons and how they were brandished.
  5. Premises/person targeted (were they vulnerable)
  6. Property stolen and if any has been recovered.
  7. Any associated offences.
  8. Impact of offending on victim.
27
Q

What does s236(1)(a) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Assault with intent to Rob- GBH

  • With intent to rob any person
  • Causes GBH to that person or any other person.

14 years imprisonment.

28
Q

What offence does s236(1)(b) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Assault with intent to rob - weapons

  • With intent to rob any person
  • Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument.
  • Assaults that person or any other person.

14 years imprisonment.

Does not require proof of injury

29
Q

What does s236(1)(c) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Assault with intent to rob - together with

  • With intent to rob any person
  • Being together with any other person or persons.
  • Assaults that person or any other person.

14 years imprisonment.

Does not require proof of injury

30
Q

What offence does s236(2) Crimes Act 1961 relate to.

What are the elements of the offence.

What is the maximum term of imprisonment.

A

Assault with intent to rob

  • Assaults any person
  • With intent to rob that person or any other person

7 years imprisonment.

31
Q

Case law:

R v Skivington

A

Claim of right is a defence yo robbery (unable to prove the theft, therefore robbery).

32
Q

Case law:

R v Lapier

A

The offence (robbery) is complete at the time of taking, even if only in their possession momentarily.

33
Q

Case law:

R v Peat

A

Returning the property does not negate the offence.

34
Q

Case law

R v Cox (possession)

A

Two elements of possession:

  1. Physical (custody and control of the property)
  2. Mental (knowledge property is under their control and intention to keep it)
35
Q

Case law:

R v Maihi

A

Must be a link between the act of stealing and the threat of violence.

Need not be contemporaneous.

36
Q

Case law:

R v Mitchell

A

If property is handed over based on previous threats, the threats still must be on the Victims mind to constitute robbery.

Assessed on fact and degree in each case.

37
Q

Case law:

Peneha v Police

A

Regarding violence

It is sufficient if the defendants acts forcibly interfere with the Victims freedom, or constitute a powerful force or violent action/motion.

May result in bodily injury or GBH.

38
Q

Case law:

R v Broughton

A

Threats may be direct or veiled conveyed by words, conduct or both.

Absence/presence of fear by the victim is not the yardstick/measure.

R v Pacholko also relates.

39
Q

Case law:

DPP v Smith

A

GBH is really serious harm.

40
Q

Case law

R v Joyce

A

Two or more people must be physically present at the time of the robbery (to constitute aggravated robbery).

41
Q

Case law:

R v Galey

A

Two or more people working together with common intention to use their combined force to commit the robbery.

42
Q

Case law

R v Bentham

A

Human body parts do not constitute a “thing” in regards to what “appears to be a weapon” in aggravated robbery.

(I.e. a finger gun concealed in a pocket)

43
Q

Case law

R v Pacholko

A

It is the conduct of the accused that matters, not the strength of the nerves of the person threatened.

R v Broughton also relates.

44
Q

Case law:

R v Wells

A

There is no requirement that the victim of the robbery is the person who suffers the harm (in regards to aggravated robbery - causing GBH).

45
Q

Regarding intent, how do you define “intent to produce a result”?

Cite relevant source.

A

“Aim, object, or purpose” - Simester and Brookbanks.

46
Q

With regard to tangible property, when is theft committed by “taking”?

Cite relevant case law.

A

Theft is committed when the offender moves the property or causes it to be moved.

R v Lapier - robbery is complete the instant the property is taken even if possession by the thief is only momentary.

47
Q
A
48
Q
A

DDC (4 decks)

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