Robbery Flashcards
Robbery
Section, Act.
Ingredients
Robbery
Section 234(1),
Crimes Act 1961
10 years imprisonment.
Ingredients
- 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
Section 234(1), Crimes Act 1961
10 years imprisonment.
With the Ingredients, list the titles of definitions** and **case law
- Theft
Theft, S219(1) Crimes Act 1961
R v Skivington
Rv Lapier
Possession
Actual Possession
Ideal Possession; Warner v Metropolitan Police Commissioner
Or
Constructive Possession
- Accompanied by violence
Accompanied by
R v Maihi
Violence
Peneha v Police
Or Threats of violence
Threats of violence
R v Broughton
- To any person Or Property
To any person
or
Property S.2 Cromes act 1961
- Used to extort the property stolen
Extort
Property S.2 Crimes act 1961
Or
Prevent or overcome resistance to it being stolen
Prevent
Overcome resistance.
Aggravated Robbery, (GBH),
Section, Act, Imprisonment
Ingredients
Aggravated Robbery, (GBH),
Section 235(a)
Crimes Act 1961,
14 years imprissoonment
Ingredients
- Robs any person
- And at the time of
Or
immediately before
Or
immediately after the robbery
- Causes GBH to any person
Aggravated Robbery, (GBH),
Section 235(a) Crimes Act 1961,
14 years imprissoonment
List the Ingredients along with titles of definitions and case law
Aggravated Robbery, (GBH),
Section 235(a) Crimes Act 1961,
14 years imprissoonment
Ingredients
- Robs any person
Robbery, S 234(1) Crimes Act 1061
Person
- And at the time of
At the time of
Or
immediately before
Immediately before
Or
immediately after the robbery
Immediately after
- Causes GBH to any person
Grievous bodily harm
DPP v Smith
Person
Aggravated Robbery, (together with)
Act, Section, imprisonment
ingredients
Aggravated Robbery, (together with)
Section 235(b),
Crimes Act 1961
14 years imprisonment
Ingredients
- Being together with any other person or persons
- Robs
- Any person
Aggravated Robbery, (together with)
Section 235(b),Crimes Act 1961
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Aggravated Robbery, (together with)
Section 235(b), Crimes Act 1961
14 years imprisonment
Ingredients
- Being together with any other person or persons
Being together with
R v Galey
R v Joyce
- Robs
Robbery S.234(1) Crimes act 1961
- Any person
Person
Aggravated Robbery, (with a weapon)
Act, Section.imprisonment
ingredients
Aggravated Robbery, (with a weapon)
Section 235(c)
Crimes Act 1961
14 years imprisonment
Ingredients
- Being armed with any offensive weapon
OR
instrument
OR
anything appearing to be such a weapon or instrument
- Robs
- Any Person
Aggravated Robbery, (with a weapon)
Section 235(c) Crimes Act 1961
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Aggravated Robbery, (with a weapon)
Section 235(c) Crimes Act 1961
14 years imprisonment
Ingredients
- Being armed with any offensive weapon
Being armed with
Offensive weapon S.202A(1) Crimes Act 1961
OR instrument
Instrument
OR anything appearing to be such a weapon or instrument
anything appearing to be such a weapon or instrument
- Robs
Robbery S234(1) Crimes act 1961
- Any Person
Person
Assault with Intent to Rob. (GBH)
Act, Section.imprisonment
ingredients
Assault with Intent to Rob. (GBH)
Section 236(1)(a)
Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person
- Causes GBH
- to that person or any other person
Assault with Intent to Rob. (GBH)
Section 236(1)(a) Crimes Act 1961
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Assault with Intent to Rob. (GBH)
Section 236(1)(a) Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person
Intent
R v Mohan
R v Waaka
Robbery 234(1) Crimes act 1961
person
- Causes GBH
GBH
DPP v Smith
- to that person or any other person
Person
Assault with Intent to Rob (Weapon)
Act, Section.imprisonment
ingredients
Assault with Intent to Rob (Weapon)
Section 236(1)(b)
Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person:
- Being armed with any offensive weapon
or
instrument
or
anything appearing to be such a weapon or instrument
- Assaults that person or any other person
Assault with Intent to Rob (Weapon)
Section 236(1)(b) Crimes Act 1961
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Assault with Intent to Rob (Weapon)
Section 236(1)(b) Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person:
Intent
R v Mohan
R v Waaka
Robbery 234(1) Crimes Act 1961
person
- Being armed with any offensive weapon
Being armed with
Offensive weapon S.202A(1) Crimes act 1961
or instrument
Instrument
or anything appearing to be such a weapon or instrument
anything appearing to be such a weapon or instrument
- Assaults that person or any other person
Assault S.2 Crimes act 1961
Person
Assault with Intent to Rob (together with)
Act, Section.imprisonment
ingredients
Assault with Intent to Rob (together with)
Section 236(1)(c)
Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person:
- Being together with any other person or persons
- Assaults that person or any other person
Assault with Intent to Rob (together with)
Section 236(1)(c) Crimes Act 1961
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Assault with Intent to Rob (together with)
Section 236(1)(c) Crimes Act 1961
14 years imprisonment
Ingredients
- With Intent to Rob any person:
Intent
R v Mohan
R v Waaka
Robery 234(1) Crimes act 1961
Person
- Being together with any other person or persons
Being together with
R v Joyce
- Assaults that person or any other person
Assault S.2 Crimes act 1961
Person
Define Theft in relation to robbery
and
relevant case law
Theft:
Sec.219(1) , Crime 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.
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.”
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily
Define and explain possession in relation to theft in robbery
Possession may be actual or constructive
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.
Ideal Possession: (Actual)
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 Constructive Possession:
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.
Define Accompanied by and relevant case law in relation to Robbery 234(1).
Accompanied by:
The prosecution must prove: a connection between the violence or threats of violence and the stealing of the property.
- the defendant had an intent to steal at the time the violence or threats were used
- the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
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 …”
Define Violence and case law in relation to Robbery 234(1)
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.”
Define threats of violence and case law in relation to Robbery 234(1)
Threats of violence:
A “threat” is generally a direct or 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 through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.
R v Broughton [1986] 1 NZLR 641
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.”
Define “To any person”
To any person:
Gender neutral. Proven by judicial notice or circumstantially.
Violence or threats can be directed at any person not just the victim and any property or interest.
Define property
Property: Sec. 2, Crimes act 1961
Includes real or 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.
In Robbery 234(1)
“Used to extort the property stolen”
Define Extort
Extort:
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 his property
In Robbery 234(1)
“Prevent or overcome resistance to it being stolen”
Define “Prevent”
Prevent
“to keep from happening.”
In Robbery 234(1)
“Prevent or overcome resistance to it being stolen”
Define “overcome resistance”
Overcome resistance
“to defeat; to prevail over; to get the better of in a conflict.”
The ingredient “Robs any person”
what definations are needed?
Robbery: Sec. 234(1), Crimes Act 1961
- 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.
Person: Gender neutral. Proven by judicial notice or circumstantially
In Aggrivated Robbery (GBH) 235(a) Crimes Act 1961
Explain the terms
And at the time of
or
immediately before
or
immediately after the robbery
At the time of:
During the commission of the theft, at the time of taking with the required intent.
OR
Immediately before
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
OR
Immediately after
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
in Aggrivated Robbery (GBH) 235(a) and
Assault with intent to rob236(1)(a)
Define “Causes GBH to any person” including case law
Grievous Bodily Harm:
Grievous bodily harm can be defined simply as “harm that is really serious.”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.” Person: Any Person: Gender neutral. Proven by judicial notice or circumstantially
In Aggravated Robbery ( together with) 235(b)
Define:
Being together with any other person or persons Including the two case law
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
“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’ require two or more people acting (physically present together) in the commission of an offence.
In Aggravated Robbery 235(c) and Assault with intent to rob 236(1)(b)
Define the two parts of “Being armed with any offensive weapon”
Being armed with:
The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.
Offensive weapon - Sec. 202A(1), Crimes Act 1961
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
In Aggravated Robbery 235(c) and Assault with intent to Rob 236(1)(b)
Define “instrument”
Instrument:
The term “instrument” is 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.
In Aggravated Robbery 235(c) and Assault with intent to Rob 236(1)(b)
Define: anything appearing to be such a weapon or instrument
Any thing appearing to be such a weapon or instrument
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
In Assault with intent to rob,
Sections 236(1)(a), Section 236(1)(b) section 236(1)(c)
Define the 3 partsof :With Intent to Rob any person”
Intent:
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
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.
Robbery: Sec. 234(1), Crimes Act 1961
- 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.
Person: Gender neutral. Proven circumstantially or by judicial notice.
Define Assault
Assault: Sec. 2, Crimes Act 1961
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.
in Assault with Intent to Rob Section 236(1)(c) Crimes Act 1961
Define the definition and one case law in
“Being together with any other person or persons”
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 Joyce
‘Being together’ require two or more people acting (physically present together) in the commission of an offence.
