Robbery Flashcards
Is there a definition of the robbery in the Crimes Act?
Nope.
What is the Common Law definition of robbery?
- The stealing or taking from OR
- in the presence of the person;
- ANY property
- with such force OR terror;
- induce party to unwillingly part with their property
- What definition does Smith v DESMOND provide for robbery?
Aggravated theft, a combination offence of stealing and assault.
- What definition of robbery does
R v HICKMAN provide?
Principle ingredient man forced to part with property.
Whether terror arises from:
- real or expected violence to the person; OR
- a sense of injury to the character
the law makes no distinction.
What are the robbery sections of the Crimes Act?
- S94: Robbery/steal from person
- S95: Aggravated robbery
- S96: Aggravated robbery with wounding
- S97(1): Robbery armed or in company
- S97(2): Aggravated robbery armed or in company
- S98: Robbery whilst armed or in company with wounding or GBH
- S99: Demand property with menaces.
- S99:
- Can the DPP elect on all S94 offences?
Yes.
- Where are most aggravated robbery offences dealt with?
Strictly indictable. SI robberies are sent to the DPP.
- Does the Children’s Court have jurisdiction for robbery?
Yes. Except where the penalty is 25 years to life.
So any S94, 95, and S97 matters except where penalty is 25 years or life.
- Which robberies are T1 and T2?
Table 1
- S94(a) Robbery and assault intent to rob;
- S94(b) Steal from person
Criminal Procedure Act
Table 2 if value $5000 or less
Table 1 if value over $5000;
Who deals with robbery offences?
Simplicitor is dealt with in the local court.
- What is the offence of S94 Robbery/steal from person?
- Whosoever,
- Robs OR
- Assaults with intent to rob OR
- Steals any chattel, money or valuable security from the person of another.
- What is the penalty for S94 Robbery/Steal from person?
Liable to 14 years (Table 1 offence) except where a greater punishment is provided by this act.
- What are the proofs of S94 Crimes Act 1900 Robbery?
Hint ppp
Fantastic four
- The accused;
- Unlawfully took and carried away;
- Property (being of some value);
- Taken either:
- from the person; OR
- in their presence; OR
- from under their immediate and personal care; - With the intention to permanently deprive;
- Against their will;
- Either by force or instilling fear.
- As per R v EMERY does the violence or threat need to coincide with the theft or the attempt?
Yes there must be a nexus.
- What is the difference between S94(a) robbery and assault with intent to rob?
- Violence used with an intention to take away (steal) property
BUT
Not a completed robbery.
- What is required for a Steal from person S94(B)?
HINT: Magnum PI need to work out if he’s on the case.
There is no physical violence or contact upon the victim BUT
Property taken from:
- Immediate control OR
- Presence of the victim.
- Is a S94(B) Crimes Act 1900 a Table 1 or Table 2 offence?
Table 1 and Table 2.
What constitutes in the immediate control of the person as per R v DELK?
Update.
- Does the threat need to be only to the victim?
No. This can be to a person other than victim.
- For a robbery to take place does the violence have to be actual?
No. A threat will suffice.
- Does fear need to be present?
No. For example, when the person is pushed from behind.
What is the jurisdiction of S94?
Robbery Table 1
Assault Intent to rob Table 1
Steal from person Table 1 (over $5000) or Table 2 (under $5000)
What is the meaning of chattel?
Different to property.
A thing capable of being taken at Common Law.
- What is the defence of claim or right as per R v KASTRATOVIC?
HINT: It is applicable because a proof of robbery etc include the proofs of larceny.
Honest claim or right is a complete defence.
If accepted as a reasonable possibility entitles accused to acquittal.
- Does Walden v HENSLER state claim of right is a defence?
- Claim of right is relevant;
- Belief must be a legal right not a moral right;
- Not based on mere ignorance of criminal law;
- Claim Of Right relates to property;
- Where the prosecution must prove intent, an inconsistent belief, honestly held will afford a defence.
- What is the jurisdiction of a S95 Aggravated Robbery offence?
It is strictly indictable.