Robbery Flashcards
Theft elements
Dishonestly
Without claim of right.
Takes any property.
With the intent to deprive the owner. permanently of the property.
Robbery Section and elements
Section 234 (1) CA 61
Theft
Accompanied by violence OR accompanied by the threat of violence.
To any person or property.
Used to extort the property stolen OR prevent or overcome resistence to it being stolen.
Assault with intent to rob GBH section and elements.
Section 236(1)(a) CA 61
With intent to rob any person.
Causes GBH to that person or any other person.
Assault with intent to rob with another person section and elements.
Section 236 (1)(c) CA 61
With intent to rob any person.
Being together with any other person or persons.
Assaults that person or any other persons.
Assault with intent to rob offensive weapon or instrument section and elements.
Section 236(1)(b) CA 61
With intent to rob any person.
Being armed with any offensive weapon or instrument/any thing appearing to be such a weapon or instrument.
Assaults that person or any other persons.
Assault with intent to rob standard assault section and elements.
Section 236(2) CA 61
Assaults any person.
With intent to rob that person or any other persons.
Case law defining violence
Peneha v Police - Violence removes the victims freedom and/or causes bodily harm
Threats of violence case law
R v Broughton - Threats of violence, threats may be direct or veiled.
GBH case law
DPP - Smith - GBH means really serious harm.
Case law for two or more people
R v Joyce - The two people must be physically present at the time of the robbery.
R v Galey - Being together means two people have a common intention.
Case law for possession of a weapon
R v Bentham - What is possessed must be a thing and not a hand and fingers.
R v Peat
Instantly returning the property does not relieve the defendant of guilt.
Aggravated robbery GBH section and elements
Section 235 (a) CA61
Robs any person
At the time of OR immediately before OR immediately after, the robbery.
Causes GBH.
To any person.
Aggravated robbery being together with another section and elements
Section 235 (b) CA61
Being together with any other person or persons.
Robs.
Any person.
Aggravated robbery possession of an offensive weapon section and elements.
Section 235 (c) CA61
While armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument.
Robs.
Any other person.
Case law for when robbery is complete
R v Lapier - Robbery is complete the instant the property is taken.
R v Maihi
There must be a nexus between the theft and threat
R v broughton
Threats may be direct or veiled. intention to inflict violence unless property is handed over.
R v Joyce
Two or more people must be physically present at the time.
R v Galey
Being together is having a common intention.
