Robbery

Question 1

R v Skivington (Claim of right)

Answer 1

“Larceny [or theft] is an element 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 elements in the offence of robbery, without proof of which the full offence is not made out.”

Question 2

R v Lapier (Taking)

Answer 2

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 3

R v Cox (Possession)

Answer 3

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 his possession …

and an intention to exercise possession.

Question 4

R v Maihi (connection between theft and violence)

Answer 4

“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 …”

Question 5

Peneha v Police (force used in violence sufficient)

Answer 5

It is sufficient that

“the actions of the defendant

forcibly interfere with

personal freedom

or

(the actions of the defendant)

amount to forcible,

powerful or violent motion,

tending to cause

bodily injury or discomfort”.

Question 6

R v Broughton (threat of violence)

Answer 6

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.”

Question 7

R v Joyce (together with)

Answer 7

“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Question 8

R v Galey (being together intention)

Answer 8

“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.”

• two or more persons
• common intention
• combined force,
• any event or as circumstances
• perpetration of the crime.”

Question 9

Robbery

Section 234, Crimes Act 1961

Answer 9

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 it’s being stolen.

Question 10

Theft

Section 219, (1)(a)(b)Crimes Act 1961

Answer 10

a. 
Dishonestly and without claim of right, 
takes any property 
with intent to deprive any owner permanently of that property OR 
of any interest in that property

b. Dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over the property in whatever manner.

Question 11

Dishonestly

Answer 11

Without permission or Authority

Question 12

Claim of Right

Answer 12

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other the the enactment against which the offence is alleged to have been committed.

Question 13

Define “control”

Answer 13

To exercise authoritative or dominating influence over something.

A person can control an item that is not in their physical custody, and conversely can have something in their physical custody that they have no control over.

Question 14

Define “property”

Answer 14

Property includes real and personal property, and any estate or interest in any real or personal property, (money, electricity) and any debt, and anything in action, and any other right of interest.

Question 15

Intent to deprive owner permanently

Answer 15

An intent to deal with property in such a manner that:

a. the property cannot be returned to any owner in the same condition, or
b. Any owner is likely to be permanently deprived of the property or of any interest in the property.

Question 16

What is” intent”?

Answer 16

In criminal law context there are 2 specific types of intention in an offence.

• intention to commit the act
• an intention to get a specific result

Question 17

“inherently violent”

Answer 17

A sufficient implied threat

may be

inferred from circumstances

where the victim

is in a vulnerable position.

Question 18

Explain “extort”

Answer 18

To obtain by coercion or intimidation.

Question 19

Define “prevent”

Answer 19

To keep from happening.

Question 20

Define “overcome”

Answer 20

To defeat, to prevail over, to get the better of in a conflict.

Question 21

Define “instrument”

Answer 21

Any item intended to be used as a weapon

or

Any item intended to intimidate and overbear the victims will to resist.

Question 22

Explain “anything appearing to be a weapon”

Answer 22

It must be proved:

the object appeared to be an offensive weapon
or instrument to the victim,

and

The defendant intended it to be perceived as a weapon
or

it was reckless as to the possibility it would be perceived as a weapon.

**However a thing does not include a part of a person’s body.

Question 23

Explain “being together with any other person or persons”

Answer 23

There must be proof that, in committing the robbery,

joint enterprise

physically present at the robbery.

The forces of 2 or more persons acting together

deployed against the victim

in the actual commission of the offence.

intent to steal using their collective force

and must play a some active role in the robbery.

Mere presence without participation is not sufficient.

Question 24

Aggravated Robbery
Section 235, Crimes Act 1961
14 years imprisonment max

Answer 24

1. Robs
2. Any person

3.
(a) And at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person, or

(b) Being together with any person or persons, robs any person, or
(c) Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.