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”.
