Robbery Flashcards
Theft
Dishonestly
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
What is Larceny?
Theft
What is a defence to larceny?
An honest belief that a man has a claim of right
R v Skivington
If the Defendant has a honest belief to claim of right, can robbery be proved?
Yes / No
No
Robbery is complete the instant__________,
even if possession by the thief is only momentarily
the property is taken
Actual possession
When the thing is question is in a person’s physical custody; it is on or about their person, or immediately at hand.
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
Constructive Possession
When something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
What must prosecution prove in “accompanied by”?
3 points
- A connection between the violence or threats of violence and the stealing of property
- The Defendant had an 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
What does nexus mean?
Connection or link
What does contemporaneous mean?
existing at or occurring in the same period of time.
True or false?
in ‘accompany’
Stealing and threat of violence must be contemporaneous
False
R v Maihi
Define violence 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 infliction of bodily injury
What is a “threat” generally
A direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands
True or false:
Threats may be conveyed by inference through the Defendant’s conduct, demeanour or even appearance, depending on the circumstances
True
Define “threat of violence”
“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”
Define “property”
- Real or personal property
- 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
Define “Extort”
“To obtain by coercion or intimidation”
Define “at the time of”
During the commission of the theft, at the time of taking with the required intent
In aggravated robbery, “immediately before” refers to?
The connection in time between the robbery and the infliction of GBH
In aggravated robbery, “immediately after” refers to?
The connection in time between the robbery and the infliction of GBH
Define “Grievous Bodily Harm”
“Harm that is really serious”
When being “together with”
What must there be proof of?
The Defendant was part of a joint enterprise by two or more persons who were physically present at the robbery
R V GAYLEY
Joint enterprise
Mere presence during the commission of robbery, without active participation, is not sufficient. “Being together” involves “two or more persons having the common intention to use their combined force, directly in the perpetration of the crime”.
Define “being together”
R V JOYCE
two or more people acting (physically present together) in the commission of an offence
True or False?
“Person” is gender neutral
True
Define “being armed with”
The Defendant is carrying the item or has it available for immediate use as a weapon
Is “instrument” covered by statute?
Yes or no
no
Define “instrument”
Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist
Any thing appearing to be such a weapon or instrument
It must be proved 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
In relation to “intent”is a fleeting or passing thought sufficient?
No
There must be a firm intent or a firm purpose to effect an act
R V WAAKA
What does “judicial notice” mean?
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue.
Define “offensive weapon”
An article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
Define “Assault”
Section 2, Crimes Act 1961
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
Robbery
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
Aggravated Robbery
Section 235(a) Crimes Act 1961
Robs any person
And at the time of OR immediately before OR immediately after the robbery
Causes GBH to any person
Aggravated Robbery
Section 235(b) Crimes Act 1961
Being together with any other person OR persons
Robs
Any person
Aggravated Robbery
Section 235(c) Crimes Act 1961
Being armed with any offensive weapon OR instrument OR Anything appearing to be such a weapon or instrument
Robs
Any person
Assault with intent to Rob
Section 236(1)(a) Crimes Act 1961
With intent to rob any person
Causes GBH
To that person OR any other person
Assault with intent to rob
Section 236(1)(b) Crimes Act 1961
With 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
Assault with intent to rob
Section 236(1)(c) Crimes Act 1961
With intent to rob any person
Being together with any other person or persons
Assaults that person OR any other person
