Robbery Flashcards
Theft definition
- 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 Section 219(1), Crimes Act 1961
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 mad out
R V Lapier
Robbery is complete the instant the property is taken, even if possession by the theif is only momentarily
Possession may be……
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.
Warner V Metropolitan Police Commissioner
Ideal Possession (actual) The term “possession”must be given a sensible and reasonable meaning in it’s context. Ideally, a possessor of a thing has: - Complete physical control over it - Knowledge of it’s existence, it’s situation and it’s 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
Accompanied by
Accompanied by The prosecution must prove - A connection between the violence or threats of violence and the stealing of the property - The defendant had 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…”
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”
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. Threats may also be conveyed by inference through the defendant’s conduct, demeanor or even appearance, depending on the circumstances.
R V Broughton (1986) 1 NZLR
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.”
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.
Property
Includes any 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 Section 2, Crimes Act 1961
Extort
To “extort” means “to obtain by coercion or intimidation” Extortion implies the overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with his property
Prevent
To keep from happening
Overcome resistance
“to defeat; to prevail over; to get the better of in a conflict”
Robbery Section Act Penalty Ingredients
Section: 234(1) Act: Crimes Act 1961 Penalty: 10 years Ingredients 1. Theft *********************** 2. Accompanied by violence OR threats of violence ************************ 3. To any person OR property ************************ 4. Used to extort the property stolen OR prevent or overcome resistance to it being stolen
Ingredient theft
- Theft 2. R V Skivington 3. R V Lapier 4. Possession may be….. 5. Actual possession 6. Warner V Metropolitan Police Commissioner OR 5. Constructive possession
Ingredient Accompanied by violence
- Accompanied by 2. R V Maihi 3. Violence definition 4. Peneha V Police
Ingredient Accompanied by threats of violence
- Accompanied by 2. R V Maihi 3. threats of violence definition 4. R v Broughton (1986) 1 NZLR 641
Ingredient To any person
- To any person
Ingredient To any property
- Property definition