Robbery Flashcards
Section 234 crimes act
Robbery
Robbery
Robbery is theft accompanied by violence or threats of violence to person or property, used to extort the property stolen or to overcome resistance
Section 235
Aggravated robbery
Agg robbery
(a)
robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b)
being together with any other person or persons, robs any person; or
(c)
being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.]
Section236
Assault with intent to rob
Assault with intent to rob
Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a)
causes grievous bodily harm to that person or any other person; or
(b)
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; or
(c)
being together with any other person or persons, assaults that person or any other person.
(2)
Every one who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.]
Section 239
Demanding with intent to steal
Demands with intent to steal
(1)
Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2)
Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.]
Definition of menaces
It is not clear that there is any practical difference between “menaces” and “threats”: The words each encompass threats or conduct of such a nature as to influence the mind of an ordinary person of normal courage and firmness of purpose. The menaces need not be of physical harm to the person threatened
It will be sufficient if the words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made: An intimation that a witness would withhold evidence exculpatory of a defendant could mount to a “menace” to that defendant:
The threat or menace need not suggest the detrimental or unpleasant consequence that will be brought about by the threatener or his or her associates. An indirect threat that the potential victim might be harmed by third parties if the threatener’s demands are not met will suffice:
Intent to steal
Section 239 requires the prosecution to show the defendant acted dishonestly and without claim of right.
A belief in a proprietary or possessory right to the thing demanded is therefore a defence.