Robbery Flashcards
Section
Section 234(1), Crimes Act 1961
Penalty
10 years
Ingredients
1)Theft
2) Accompanied by violence OR Threat of violence
3)To any person or property
4) Used to extort the property stolen OR
Prevent or overcome resistance to it being stolen
Theft
- Dishonesty 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
True or False
Possession may be actual or intellectual
False
Possession may be actual or constructive
Actual possession
Actual possession arises where the thing in question is in a person physical custody; it is on or about their possession, or immediately at hand.
potential possession
Constructive possession arises when something is not in a person’s physical custody, but have ready access to it or can exercise control over it.
What are the elements for accompanied by
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 the property , or preventing or overcoming resistance to it being stolen
Select the correct answer
In the contexts of robbery Violence must involve:
a) more than a minimal degree of force
b) more than a technical assault
c) need not involve the infliction of a bodily injury
d) Actual bodily harm
a, b, c
True or False
Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances.
True
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 robbers demands.
R v Skivingtion (larceny)
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.
R v Lapier (Robbery is complete)
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
Warner v Metropolitan Police Commissioner (ideal possession)
The term possession must be given a sensible an 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.
R v Maihi (accompanied)
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.
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with the 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.
R v Broughton 1986 1 NZLER 641
(threats of violence) Conduct of the offender
- The relative ages of the parties
- respective physiques
- appearance
- demeanour
- what was said and done by those involved
- manner and setting in which the incident took place
True or false
Violence or threats of violence can be directed at any person not just the victim and any property
True
Any person
Gender neutral. Proven by the judicial notice or circumstantially.
What does property include?
- Real or personal property
- Any estate or interest in any real or personal propery
- Money
- Electricity
- Any debt
- Anything in action and any other right of interest.
The elements of extortion
Obtain by
- Coercion or
- Intimidation
What does extortion imply?
An overbearing of the will of the victim.
What must the prosecution show to prove extortion ?
The threats induced the victim to part with his property.
“to keep from happening” means
prevent
- To defeat
- to prevail over
- to get the better of in a conflict
Overcome resistance
Claim of right
1) belief in proprietary or possessory right to the property
2) Belief must be about the property in which the offence has been committed.
3) Belief held at the time of the offence
4) Belief is actually held by the Defendant
R v Cox
Possession involves two elements. The first, the physical element, is actual or physical custody or control. The second, 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 his possession; and an intention to exercise possession
