Robbery

Question 1

Define

Theft

Answer 1

Theft
Sec. 219(1), Crimes Act 1961
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 2

Discuss claim of right as a defence to robbery using case law.

Answer 2

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 3

Discuss the element of taking using case law.

Answer 3

R v Lapier

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

Question 4

Discuss the element of possession, including case law.

Answer 4

Possession may be actual or constructive.

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.

Warner v Metropolitan Police Commissioner
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

OR

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 5

Define intent.

Answer 5

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.
In 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 6

Discuss the findings in case law in regards to ‘accompanied by’ violence.

Answer 6

R v Maihi
“It is implicit in ‘accompany’ that there must be a nexus 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…”

Question 7

Discuss the findings in case law regarding violence.

Answer 7

Peneha v Police
Is 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 8

Discuss the findings in case law regarding threats.

Answer 8

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 9

How is grievous bodily harm defined? Including in case law?

Answer 9

Harm that is really serious.

DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”,

Question 10

Discuss the element of being together with any other person or persons.

Answer 10

Being together with
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

R v Galey (not in s236(1)(c))
“Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

R v Joyce
Being together requires two or more people acting (physically present together) in the commission of an offence.

Question 11

Define offensive weapon.

Answer 11

Crimes Act 1961, Section 202A
…offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 12

Define Assault.

Answer 12

Crimes Act 1961, Section 2
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.

Question 13

Discuss the findings regarding demands in case law.

Answer 13

R v Heard
“The form of words used for a demand does not matter. “Demand” is a strong word, but…a demand does not have to be couched in abusive terms, so long as it is clear that it is a request for something.”

Question 14

List ingredients for Demanding with Menaces.

Answer 14

Demanding with Menaces
Crimes Act 1961, Section 239(2)
7 years

With menaces or by any threat
Demands
Any property
From any persons

Question 15

From which case does this case law come?

Is 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”.

Answer 15

Peneha v Police

Question 16

How is person defined?

Answer 16

Gender neutral. Generally accepted by judicial notice or proved by circumstantial evidence.

Question 17

In regards to extortion, what happens if the threats have not in fact affected the will of the victim?

Answer 17

There is no robbery. See R v Macro where the victim knows that Police are ready to step in.

Question 18

Define prevent.

Answer 18

To keep from happening.

Question 19

Define overcome.

Answer 19

To defeat, prevail over, get the better of in a conflict.

Question 20

What does the term ‘being armed with’ mean?

Answer 20

The defendant is carrying the item or has it available for immediate use as a weapon.

Question 21

Define instrument.

Answer 21

Not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 22

Define the following elements:
At the time of 
OR
Immediately before
OR
Immediately after the robbery

Answer 22

At the time of
During the commission of the theft, at the time of taking with the required intent.

Immediately before
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

Immediately after
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.