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