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CIB Induction 2019 MSEV47 > Robbery > Flashcards

Robbery Flashcards

1
Q

Theft definition

A
  • 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
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2
Q

R V Skivington

A

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

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3
Q

R V Lapier

A

Robbery is complete the instant the property is taken, even if possession by the theif is only momentarily

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4
Q

Possession may be……

A

Possession may be actual or constructive

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5
Q

Actual possession

A

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.

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6
Q

Warner V Metropolitan Police Commissioner

A

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

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7
Q

Constructive possession

A

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

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8
Q

Accompanied by

A

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
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9
Q

R V Maihi

A

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…”

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10
Q

Violence

A

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

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11
Q

Peneha V Police

A

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”

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12
Q

Threats of violence

A

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.

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13
Q

R V Broughton (1986) 1 NZLR

A

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.”

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14
Q

To any person

A

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.

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15
Q

Property

A

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

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16
Q

Extort

A

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

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17
Q

Prevent

A

To keep from happening

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18
Q

Overcome resistance

A

“to defeat; to prevail over; to get the better of in a conflict”

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19
Q 
Robbery
Section
Act
Penalty
Ingredients
A

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
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20
Q

Ingredient

theft

A
  1. Theft
  2. R V Skivington
  3. R V Lapier
  4. Possession may be…..
  5. Actual possession
  6. Warner V Metropolitan Police Commissioner
    OR
  7. Constructive possession
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21
Q

Ingredient

Accompanied by violence

A
  1. Accompanied by
  2. R V Maihi
  3. Violence definition
  4. Peneha V Police
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22
Q

Ingredient

Accompanied by threats of violence

A
  1. Accompanied by
  2. R V Maihi
  3. threats of violence definition
  4. R v Broughton (1986) 1 NZLR 641
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23
Q

Ingredient

To any person

A
  1. To any person
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24
Q

Ingredient

To any property

A
  1. Property definition
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25
Q

Ingredient

Used to extort the property stolen

A
  1. Extort definition

2. Property

26
Q

Ingredient

Used to prevent or overcome resistance to it being stolen

A
  1. Prevent or overcome resistance definition

2. Property

27
Q 
Aggravated Robbery (Causes GBH)
Section
Act
Penalty
Ingredients
A

Section: 235(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. Robs any person
    * ******
  2. And at the time of OR immediately before OR immediately after
    * *******
  3. Causes GBH to any person
28
Q

Ingredient

Robs any person

A
  1. Robbery

2. Person

29
Q

Ingredient

And at the time of

A
  1. And at the time of def
30
Q

Ingredient

immediately before

A
  1. immediately before def
31
Q

Ingredient

immediately after

A
  1. immediately after
32
Q

Ingredient

Causes GBH to any person

A
  1. GBH def
  2. DPP V Smith
  3. Person
33
Q

Robbery

A

-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
Section 234(1), Crimes Act 1961

34
Q

And at the time of

A

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

35
Q

Immediately before OR

Immediately after

A

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

36
Q

Grievous bodily harm

A

Grievous bodily harm can be defined simply as harm that is really serious

37
Q

DPP V Smith

A

“Bodily harm” needs no explanation and grievous means no more and no less than really serious

38
Q 
Aggravated Robbery (being together with)
Section
Act
Penalty
Ingredients
A

Section: 235(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. Being together with any other person or persons
    * ******
  2. Robs
    * *******
  3. Any person
39
Q

Ingredient

Being together with any other person or persons

A
  1. Being together with
  2. R V Galey (236(b) only)
  3. R V Joyce
40
Q

Robs

A
  1. Robbery
41
Q

Being together with

A

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

42
Q

R V Galey

A

“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.”

43
Q

R V Joyce

A

‘Being together’ require two or more people acting (physically present together) in the commission of an offence

44
Q 
Aggravated Robbery (Offensive weapon)
Section
Act
Penalty
Ingredients
A

Section: 235(c)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. Being armed with any offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument
    * ******
  2. Robs
    * *******
  3. Any person
45
Q

Ingredient

Being armed with any offensive weapon

A
  1. Being armed with

2. Offensive weapon def

46
Q

Ingredient

Being armed with any instrument

A
  1. Being armed with

2. Instrument def

47
Q

Ingredient

Being armed with anything appearing to be such a weapon or instrument

A
  1. Being armed with

2. anything appearing to be such a weapon or instrument def

48
Q

Being armed with

A

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon

49
Q

Offensive weapon

A 
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use
Section 202A(1), Crimes Act 1961
50
Q

Instrument

A

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 victims will to resist

51
Q

anything appearing to be such a weapon or instrument

A

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

52
Q 
Assault with intent to rob (causes GBH)
Section
Act
Penalty
Ingredients
A

Section: 236(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to rob any person
    * ******
  2. Causes GBH
    * *******
  3. to that person or any other person
53
Q

Ingredients

With intent to rob any person

A
  1. Intent def
  2. R V Mohan
  3. R V Waaka
  4. Robbery def
  5. Person
54
Q

Ingredients

Causes GBH

A
  1. GBH def

2. DPP V Smith

55
Q

Intent

A

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.

56
Q

R V Mohan

A

Intent involves a decision to bring about, in so far as it lies within the accused powers the commission of the offence..

57
Q

R V Waaka

A

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

58
Q 
Assault with intent to rob (offensive weapon)
Section
Act
Penalty
Ingredients
A

Section: 236(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to rob any person
    * ******
  2. Being armed with any offensive weapon OR Instrument OR anything appearing to be such a weapon or instrument
    * *******
  3. assaults that person or any other person
59
Q

Ingredient

Assaults that person or any other person

A
  1. Assault

2. Person

60
Q

Assault

A

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
Section 2, Crimes Act 1961

61
Q 
Assault with intent to rob (Being together with)
Section
Act
Penalty
Ingredients
A

Section: 236(1)(c)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to rob any person
    * ******
  2. Being together with any other person or persons
    * *******
  3. assaults that person or any other person

CIB Induction 2019 MSEV47 (22 decks)

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