Robbery

Question 1

Robbery

Write out section 234(1) and include penalty

Answer 1

• *Section 234, Crimes Act 1961**
• *Robbery**
  (1) Robbery is 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 its being stolen.

Penalty: 10 Years

Question 2

What offence must be completed for there to be a robbery?

Answer 2

Theft

Section 219, Crimes Act 1961

Question 3

Define Theft

Answer 3

Section 219, Crimes Act 1961

• *Theft **
  (1) Theft or stealing is the act of,—

(a) dishonestly and without claim of right,

taking any property

with intent to deprive any owner permanently of that property or of any interest in that property

Question 4

**Dishonestly **

Define as per legislation

Answer 4

Section 217, Crimes Act 1961
Interpretation
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 5

**Claim of Right **

How does COR relate to robbery?

Refer to case law

Answer 5

If the Court is satisfied that the defendant acted with claim of right, he is entitled to an acquittal on a charge of theft.

R v Skivington

“Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”

Question 6

Taking

When is the theft complete?

Refer to case law

Answer 6

The theft element is complete as soon as possession is taken of the property, even if temporary or the property is immediately returned

_R v Lapier _
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

(nice to know R v Peat - silk coin purse)

Question 7

Possession

What are the two types of possession

Define each

Answer 7

**Actual Possession - **

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Constructive possession

arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 8

Possession

What is the case law relating to ideal possession?

Answer 8

Warner v Metropolitan Police Commissioner (ideal)
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- complete physical control over it
- knowledge of its existence, its situation and its qualities.

Question 9

Property

Define from Act and Section

Answer 9

Section 2, Crimes Act 1961
Interpretation

Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest

Question 10

Any Property

Define ‘property’ as defined by statute

Answer 10

Section 2, Crimes Act 1961
Interpretation
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest

Question 11

**Intent **

Define as per notes

Refer to case law

Answer 11

A person does something “intentionally”

• if they mean to do it;
• they desire a specific result and
• act with the aim or purpose of achieving it.

R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”

R v Waaka

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 12

**Proving Intent **

Offender’s intent can be inferred from circumstantial evidence which can include

Answer 12

Circumstantial evidence from which an offender’s intent may be inferred can include:

− the offender’s actions and words before, during and after the event
− the surrounding circumstances
− the nature of the act itself.

Question 13

Accompanied by violence

What must the Crown prove regarding the violence (or threats) and the theft of the property?

Answer 13

Accompanied by violence

1. It must be proved that there is a connection between the violence used and the theft of the property -
2. That there was an intent to steal the property at the time the violence or threats were used
3. That the violence or threats were used to extort the property stolen, or prevent or overcome resistance to the property being stolen

Question 14

Accompanied by violence

Define _R v Maihi _

What does it tell us about the relationship between theft and the accompanying violence?

Answer 14

R v Maihi
“It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous …”

–

Theft must be related to the violence, but need not be at the same time as the theft.

Question 15

**Violence **

Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case. (jury)

Define violence as required in the liabilities

Cite case law

Answer 15

Violence

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Peneha v Police
It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”.

Question 16

**Threats of violence **

Define as required in the libility

Cite case law

Answer 16

**Threats of violence **

A threat is generally a veiled warning that violence will be used if the victim does not submit to the robber’s demands

Threats may also be conveyed by inference though the defendant’s conduct, demeanour or appearance depending on the circumstances

R v Broughton
A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.”

Question 17

To any person or property

Define ‘Person’

Answer 17

Person - Gender neutral, proven by judicial notice or circumstantial evidence

Question 18

Used to extort the property stolen

What must the prosecution prove

Answer 18

The prosecution must prove that the purpose of the violence or threats was to extort the property stolen, or to prevent or overcome resistance to its being stolen.
It is not sufficient that the offender simply used violence or threats if such use was for some collateral purpose.

Question 19

Extort

Define the two parts needed for the liability

Answer 19

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 their property.

Question 20

Prevent or overcome resistance to its being stolen

Define Prevent

Define Overcome

Answer 20

To “prevent” means “to keep from happening.”

To “overcome” means “to defeat;

to prevail over;

to get the better of in a conflict.”