Robbery Flashcards
Elements of “theft”
Dishonestly Without claim of right Takes Any property Intent to permanently deprive the owner
Definition of “dishonestly”
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to or authority for the act or omission from a person entitled to give such consent or authority
Definition of “claim of right”
In relation to any act means 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 than the enactment against which the offence is alleged to have been committed
Definition of “takes”
Theft is complete the moment the item is moved with intent to steal it
What is required to prove possession
The physical element and the mental element
Definition of “control”
To exercise authoritative or dominating influence over something
Definition of “property”
Includes any real and personal property and any estate or any interest in any real or personal property, money, electricity and any debt any anything in action and any other right or interest
What is meant by permanently depriving the owner
The owner will never regain the property. Not necessary that the thief intents to keep it for himself and it can also be destroyed.
Definition of “ownership”
A person is to be regarded as the owner of any property that is stolen if at the time of the theft that person has -
(a) possession or control of the property or
(b) any interest in the property or
(c) the right to take possession or control of the property
Definition of “accompanied by”
A connect between the violence or threats and the stealing of the property
What level of violence is required in the context of robbery
Must involve more than a minimal degree of force and more than a technical assault, but need not involve the inculcation of bodily injury
Definition of “threats of violence”
The manifestation of an intention to inflict violence which may be conveyed by words or conduct or both
Is it necessary that the theft and the violence are carried out on the same person
No
What must the prosecution prove in order to establish the element of “used to extort the property stolen”
Must prove the purpose of the violence was to extort the property stolen or to prevent or overcome resistance to it being stolen
Definition of “extort”
To obtain by violence, coercion or intimidation or to extract forcibly
Threats must have an affect on the will of the victim otherwise there is no robbery
Definition of “prevent or overcome resistance”
PREVENT
Keep from happening
OVERCOME
To defeat, to prevail over, to get the better of in a conflict
At the time of or Immediately before or after
Situations where the violence used to extort the property stolen or to prevent/overcome resistance resulted in really serious harm.
GBH may also have been used for collateral purpose such as attempting to get away of the robbery
Immediately refers to the connection in time between the robbery and the infliction of the GBH
Definition of “causes”
A person caused GBH if their actions make them criminally responsible for it
Definition of “grievous bodily harm”
Harm that is really serious
What is mean by “being together with”
Must be proof of a joint enterprise by two or more who were physically present at the robbery
Must play an active role and share an intent to steal using their collective force
What is meant by “joint enterprise”
The forces of two or more people acting together are deployed against the victim
Mere presence is not enough
Definition of “being armed with”
Carrying the item or has it available for immediate use as a weapon
Definition of “offensive weapon”
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use
Any article capable of being used for causing bodily injury
Definition of “instrument”
Includes any item intended to be used as a weapon or to intimidate and overbear the victims will to resist
What is meant by “anything appearing to be such”
Must be proved that the object appeared to be an offensive weapon instrument to the victim and that the defendant intended or was a least reckless as to the possibility that it would be perceived as a weapon
A “thing” does not include a part of a person’s body (R v Bentham)
Assaults definition
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 or she has present ability to effect his or her purpose and to assault has a corresponding meaning
What is the purpose of section 236 offences
To provide a more serious punishment for unsuccessful attempts at aggravated robbery and robberies than the general law of attempts offences
Demanding with Intent to steal
Section 239
Crimes Act 1961
Section 239(1) 14yrs
- without claim of right
- by force or any threat
- compels any person to
- execute / made / accept / endorse / alter / destroy
- any document capable of conferring pecuniary advantage
- intent to obtain any benefit
239(2) 7yrs
- with menaces OR by any threat
- demands any property from any person
- intent to steal it
Why does section 239(1) not amount to a robbery
Because no property is taken or dealt with
Definition of “execute”
Do what the law requires to give validity to the document
Definition of “document”
A thing which provides evidence or information or serves as a record
Definition of “demand”
A clear request made firmly
Need not be communicated to the person to whom it is directed, can be passed on from another
Definition of “menaces or any threat”
Words of conduct that convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made
Intent to steal
Defendant acted dishonestly and without claim of right
What are the 3 ways you may be informed of a robbery
1) before it happens
2) duding or after the incident (raid alarm at the premises goes off)
3) after the offenders have left the scene
What 10 areas should be given priority when investigating robbery offences
1) secure the safety of members of police and public
2) prevent the crime
3) contain the area of the offence
4) gather evidence from the crime scene and preserve it
5) establish and then eliminate suspects
6) identity the offender
7) locate the offender
8) search the offender and their premise, seizing evidence
9) establish what if any case exists for prosecution
10) prepare prosecution file
Liability
Robbery
Section 234
Crimes Act 1961
Section 234(1)
- Theft
- Accompanied by violence OR threats of violence
- To any person OR property
- Used to extort the property stolen OR prevent or overcome resistance to it being stolen
Liability
Assault with Intent to Rob
Section 236
Crimes Act 1961
Section 236(1)(a)
- Intent to rob any person
- Causes GBH
- To that person OR any other person
Section 236(1)(b)
- Intent to rob any person
- Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Assaults that person OR any other person
Section 236(1)(c)
- Intent to rob any person
- Being together with any other person/s
- Assaults that person OR any other person
Section 236(2)
- Assaults
- Any person
- Intent to rob that person OR any other person
Liability
Aggravated Robbery
Section 235
Crimes Act 1961
Section 235(a)
- Robs any person
- At the time of OR immediately before OR immediately after the robbery
- Caused GBH
- Any person
Section 235(b)
- Being together with any other person/s
- Robs
- Any person
Section 235(c)
- Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Robs
- Any person
R v Skivington
Larceny (or theft) is an element of robber and if the honest belief that a man has 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
R v Laiper
Robbery is compete the instant the property is taken even if possession by the thief is only momentary
R v Cox
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 that the substance is in his possession and an intention to exercise possession
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 the act of stealing and the threat of violence to be contemporaneous
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
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious
R v Joyce
The crown must establish that at least two person were physically present at the time the robbery was committed or the assault occurred
R v Galey
Being together in the context of s235(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
