Robbery Flashcards
Robbery sec 234(1)?
- 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.
Aggravated Robbery sec 235(a)?
- Robs any person
- And at the time of OR
Immediately before OR
immediately after the robbery - Causes GBH to any person
Aggravated robbery sec 235(b)?
- Being together with any other person OR persons
- Robs
- Any person
Aggravated robbery sec 235(c)?
- Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Robs
- Any person
Assault with intent to rob sec 236 (1)(a)?
- With intent to rob any person
- Cause GBH
- To that person OR
Any other person
Assault with intent to rob sec 236(1)(b)?
- 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 sec 236(1)(c)?
- With intent to rob any person
- Being together with any other person OR persons
- Assaults that person OR
Any other person
R v Gayley
“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
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Theft sec 219(1)?
- Dishonestly
- And without claim of right
- Taking any property with intent to deprive the 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 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”.
Property sec 2 crimes act
Property includes any real or personal property or any estate or interest in any real or personal property, money, electricity and any debt, or anything in action or any other right or interest.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
R v Cox (possession)
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in the possession and an intention to exercise possession
