Robbery Flashcards

1
Q

Section and Penalty

A

S234(1) CA61

10 Years Imp

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2
Q

Ingredients

A

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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3
Q

Theft

A

Sec 219 (1) Crimes Act 1961

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.

R v Skivington

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4
Q

R v Skivington

A

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 negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

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5
Q

Property

A

Sec 2 Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.R v Lapier

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6
Q

R v Lapier

A

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

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7
Q

Actual Possession

A

Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.R v Cox

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8
Q

R v Cox

A

Possession involves two elements. The first, the physical element, is actual or potential 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.

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9
Q

Potential Possession

A

Potential possession arises when the person has the potential to have the thing in question in their control.

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10
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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11
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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12
Q

Peneha v Police

A

It is sufficient that the actions of the defendant
forcibly interfere with personal freedom of the person
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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13
Q

Or Threats of Violence

A

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 circumstantial evidence.

Of note

Violence or threats can be directed at any person, not just the victim and any property of interest.

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15
Q

Used to Extort the Property Stolen

A

Extort means to obtain by violence coercion or intimidation or to extract forcibly

Of note

Extortion implies an overbearing of the will of the victim,
the threats induced the victim to part with his property.

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16
Q

Or Used to Prevent or Overcome Resistance to it Being Stolen

A

To prevent; To keep from happening

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

17
Q

Robbery Liability

A
Theft
- Theft liability 
- R v Skivington
- Property S2
- R v Lapier
- R v Cox
- Actual possession
- Potential possession
Accompanied by violence
- R v Maihi
- Violence S2
- Peneha v Police
Accompanied by threats of violence
- Threat of violence meaning
To any person or property
- Person meaning
- Property meaning
Used to extort the property stolen
- Extort meaning
OR Prevent or overcome resistance to the property being stolen
- Prevent meaning
- Overcome resistance meaning