Robbery Flashcards
Theft
s219
Dishonestly and without claim of right
Taking/Using/Dealing with
Any property
With intent to deprive any owner permanently of that property.
Robbery
s234(1)
10 years
Theft
Accompanied by Violence or threats of violence
To any person or property
Used to extort the property stolen OR prevent or overcome resistance to it being stolen.
Robbery/Aggravated/Assaults case law (8)
R v Skivington
R v Lapier
R v Cox
R v Maihi
Peneha v Police
R v Broughton
R v Joyce
R v Galey
Aggravated Robbery - causes GBH
s235(a)
14 years
Robs
Any Person
And at the time of, immediately before or after the robbery
causes GBH
To any person.
Aggravated Robbery - 2 people
s235(b)
14 years
Robs
Any Person
Being together with another person.
Aggravated Robbery - Weapon
s235(c)
14 years
Robs
Any Person
Being armed with any offensive weapon or instrument, or anything appearing to be such.
Assault with Intent to Rob - causes GBH
s236(1)(a)
14 years
With intent to rob
Any Person
Causes GBH
That person or Any Person.
Assault with Intent to Rob - Weapon
s236(1)(b)
14 years
With intent to rob
Any Person
Being armed with any offensive weapon or instrument, or anything appearing to be such
Assaults
That person or Any Person.
Assault with intent to Rob - 2 people
s236(1)(c)
14 years
With intent to rob
Any Person
Being together with another person
Assaults
That person or Any Person.
R v Skivington
Claim of right is a defence to robbery.
R v Lapier
Robbery is complete when the property is taken, even if just temporarily.
R v Cox
possession requires:
(Physical element) actual physical control AND
(Mental element) knowledge/awareness that the object is in their possession, and an intention to exercise possession.
Accompanied
R v Maihi - threats must accompany violence. There must be a connection between the act of stealing and threat of violence. They need to both be present, however need not be contemporaneous.
Violence
Peneha v Police - for robbery, it is sufficient that the acts of violence “forcebly interfere with personal freedom / amount to forcibly, powerful or violent action or motion, producing a market effect tending to cause the body injury or discomfort.
Threats of violence
R v Broughton - An intention to inflict violence if the property is not handed over. May be veiled or direct, or conveyed in words or conduct.
R v Maihi
Threats must accompany violence. There must be a connection between the act of stealing and threat of violence. They need to both be present, however need not be contemporaneous.
Peneha v Police
For robbery, it is sufficient that the acts of violence “forcebly interfere with personal freedom / amount to forcibly, powerful or violent action or motion, producing a market effect tending to cause the body injury or discomfort.
Threats of violence
An intention to inflict violence if the property is not handed over. May be veiled or direct, or conveyed in words or conduct - R v Broughton
Extort
to obtain by coercion/intimidation. Threats to cause the victim to part with their property.
Prevent
To keep from happening, the offender anticipates resistance and uses violence to ensure it does not start.
Overcome
To defeat resistance from the victim.
To any person
The person assaulted need not be the victim.
That the victim is a person is accepted by Judicial Notice.
R v Wells
Together with
Two or more people are present and acting together in the commission of the robbery.
R v Joyce - this part of the offence requires proof of two people.
R v Galey
Being together means two people with a common intention to use force as required by the commission of the crime.
Assault - IFDO
Intentionally applying/attempting to apply
Force to any person
Directly or indirectly
Or threatening by any act/gesture to apply such force
If the person making the threats causes the other to believe on reasonable grounds that he has the present ability to effect his threat.
GBH
DPP v Smith - Grievous means no more and no less than really serious
Being armed with
is carrying or has available for immediate use as a weapon
Offensive weapon
S202A
Any article:
made/altered or intended for use for causing bodily injury
any article capable of being used for causing bodily injury
Items that are intended to cause injury.
R v Bentham - can’t be finger gun
R v Bentham
What’s possessed must be a thing, a person’s hand or finger is not a thing.
Intent
An act/omission done deliberately, must be more than involuntary or accidental.
Requires 2 intents: intent to
- commit the act
- achieve a specific result
R v Taisalika
R v Collister
