Robbery Flashcards
Robbery- section/elements?
S234(1) CA1961
Theft
Accompanied by violence
To any person
Used to extort the property stolen OR to prevent or overcome resistance to its being stolen
Aggravated Robbery(GBH), section/elements?
S235(a) CA1961
-Robs any person
-At the time of OR immediately before/after the robbery
-causes GBH
-to any person
Aggravated Robbery(together with) section/elements?
S235(b) CA1961
-Being together with any other persons
-Robs
-Any person
Aggravated Robbery(weapon) section/elements?
S235(c) CA1961
-Being armed with any offensive weapon
-robs
-any person
Assault with intent to Rob(GBH) section/elements?
S236(1)(a) CA1961
-With intent to rob any person
-Cause GBH to that person or any other person
Assault with intent to Rob(weapon) section/elements?
S236(1)(b) CA1961
-with intent to rob any person
-being armed with any offensive weapon
-assaults that person or any other person
Assault with intent to Rob(together with) section/elements?
S236(1)(c) CA1961
-with intent to rob any person
-being together with any other person
-assaults that person or any other person
Assault with intent to Rob, section/elements?
S236(2) CA1961
-Assaults
-With intent to rob that person or any other person
Theft elements
Dishonestly and without claim to right, takes any property with intent to deprive any owner permanently of that property or any Interest in that property.
Claim of right definition
Means a belief at the time to possess the property
Claim of right- defence to robbery
R v Skivington- claim of right negates theft which is an element of robbery inturn negating the offence of robbery.
Case law- Robbery complete
R v Lapier- Robbery is complete the instant the property is taken.
Case law- Possession
R V Cox- two elements, the physical element and the knowledge in the sense of awareness by the accused the substance is in there possession and an intention to exercise possession.
Extort- meaning
To obtain by coercion or intimidation
Prevent- meaning
To keep from happening
Overcome- meaning
To defeat, prevail over, to get the better of in a conflict
Case law GBH
DPP v Smith- bodily harm needs no explanation and grevious mean no more and no less than really serious.
Case law- together with Robbery
R v Joyce- crown must establish two people physically present at the time of the robbery
R v Galey- being together in the context of aggravated robbery means two or more having a common intention to use their combined force.
3 broad classes of offensive weapon
1) items made solely for the purpose of attacking or Inflicting injury
2)items altered or adapted for use for causing injury
3)items capable of causing injury and carried for that purpose.
Case law- Armed with offensive weapon
R v Bentham- what is possessed must be a thing, cannot be a human body part like finger.
Case law Threats of violence
R v Maihi- There must be a connection or link between the act of stealing and threat of violence.
Case law- Return of property
R v peat- immediate return of the item does not negate the offence of theft taking place.
