Robbery Flashcards
What are the different acts/ sections and elements in Aggravated robbery?
Section 235 Crimes Act 1961 - 14 yrs
(a) robs any person and at the time of, immediately before, or immediately after the robbery, causes GBH to any person
(b) being together with any other person or persons, robs any person
(c) being armed with an offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any person
What are the elements of robbery?
- Theft
- Accompanied by violence OR threats of violence
- To any person or property
- Used to extort the property stolen OR
- Used to prevent or overcome resistance to it being stolen.
What are the elements of theft?
- Dishonestly (without a belief there was authority)
- Without claim of right (without a belief in a proprietary or possessory right)
- takes (moves)
- any property (includes intangible property)
Ensure you say it is REAL property.
- with intent to permanently deprive the owner of the property.
What is R V Skivington and what does it relate to?
It states that if theft cannot be proved, there is no robbery.
R V Skivington - larceny is an element of robbery. If there is an honest belief that there is a claim of right then theft cannot be proved. Without theft, robbery cannot be proved.
What is R V Maihi and what does it relate to?
It relates to the link between the violence and the theft.
R V Maihi - there must be a nexus between the threat of violence and the act of stealing.
When is robbery complete? What case law relates to this?
Robbery is complete with the property has been taken.
R V Lapier - robbery is complete when the property is taken. Even if possession is only momentary.
What is R v Broughton?
Threats of violence can be conveyed by words or conduct or both. They may be direct or veiled.
What does it mean to overcome?
To prevail over or defeat. To get the better of someone in a conflict.
How does R V Joyce relate to robbery 235(b)?
It says that the crown must establish that two persons were physically present at the time of the robbery or assault.
What was held in R V Galey?
Being together re 235 (b) is two or more people 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.
Therefore, this does not cover those that are lookouts.
What does it mean to be armed with any offensive weapon?
To carry it or have it immediately available to use.
What is a weapon?
Any article made or altered to be used for causing bodily injury. Eg - knife, firearms etc.
What is an instrument?
Any item that can be used as a weapon.
What is Peneha V Police?
Violence must involve more than a minimal degree of force, but bodily injury isn’t required.
Peneha v Police states that it is sufficient that the actions of the defendant forcibly interfere with personal freedom and produce a powerful effect tending to cause bodily injury or discomfort.
Describe the two elements of possession as outlined in R V Cox
R V Cox states that possession has two elements. Physical and mental. The physical element involves actual or potential physical custody or control. The mental element is knowledge, an awareness of possession, and an intention to exercise possession.
