Robbery Flashcards
(30 cards)
Is robbery a common law or statutory offence?
Statutory offence section 94 Crimes Act
What is robbery?
Smith v Desmond: robbery is an aggravated form of theft and is a combination offence consistinf of stealinv and an assault.
It is the stealing or taking from, or in the prescence of the person, any form of any propery with such degree of force or terror so as to induce the party to unwillingly part with their property.
What is the principle ingredient in a robbery?
R v Hickman: a man being forced to part with his property.
What constitutes terror?
R v Hickman: whether the terror arises from real or expected violence to rhe person or from a sense of injury to the character the law makes no distinction, it can be actual or threatened violences.
How many offences does section 94 Crimes Act create and what are they?
3 offences
S94(a) robbery
(a) assault with intent to rob
(b) steal from person
What are the proofs of robbery?
The unlawful taking and carrying away of some property beinf of some value
Taken from the person or in their prescence or from under their immediate and personal care
With intention of permantly depriving the person of the property
Against their will
Either by force or instilling fear.
What is the temporal coincidence for section 94 and 99 offences
For s94 offences and 95 aggravation offences the timing of the threat/violence and the taking of the property must coincide. Either immediately vefore/after/during etc
For section 99 offences: the timjng can be extended. A demand for property can be made abd the property can be received at a latter date.
Are all s94 offences table 1 offenxes and what is the punishment?
Punishment is 14 years imprisonment.
94(a) is a table 1 offence And 94(b) steal from person is a table 1 offence where property is more then $5000 and table 2 where property stolen is less then $5000.
What is the affect of sextion 95 crimes act?
Provides circumstances of aggravation for offences in section 94. If any of the circumstances apply it becomes a strictly indictable offence punishable by 20 years imprisonment
Uses corporal violence on any person
Intentionally or recklessly inflicts ABH on any person
Deprives any person of their liberty.
What are the proofs for aggravated robbery
S94 robbery met and one or more of the aggravating circumstances:
Uses corporal violence on any person,
Intentionally or recklessly inflicts ABH on any person
Deprives any person of rheir liberty
What offence is created bt s 96 crimes act?
Robbery wirh wounding or Greovous bodily harm
What is wounding?
Breaking of the dermis and epidermis of the skin. It must bleed, burns may not suffice.
Do you need intent to wound or cause GBH?
No. Intention to Rob is what is required.
Does it have to be the same victim that is wounded or robbed which is assaulted?
No. Doesnt have to be the same victim. Can rob A, strike B and wound C.
What offences are creates by section 97 Crimes act
Armed robbery and robbery in company of another.
SIO 20 years
What are the proofs for armed robbery?
The unlawful taking and carrying away of some property being of some value
Taken from the person or in their prescence or from under their immediate and person care
ARMED WITH OFFENSIVE WEAPON
With intention of permantly depriving the person of the property
Against their will
Eirher by force or instilling fear
What are the proofs of robbery in company
S97 crimes act
The unlawful taking and carrying away of some property being of some value
Taken from the person or in their prescence or from under their immediate and person care
With intention of permantly depriving the person of the property
Against their will
Eirher by force or instilling fear
Whilst in the company of another person
What is an offensive weapon?
S4 crimes act: an offensive weapon means a
Dangerous weapon which is made/adapted for offensive purposes
Used/intended to for or threatened to be used
What is meant by in company?
R v Leoni: applicant was physically present when it occurred such prescence being sufficiently proximate.
Commkn purpose ia essential, coercing or intimidating the victim. Encouragement to the co offender.
How did FP v R affevr authorirt of R v Leoni?
It agreed with R v Leoni regarding what constituted in company but extended the requirement for the other person to be involved in the common purpose. Its insufficient just to be present. Offence must have placed himself in the position in which he knew or expected that the victim would know od the prescence and ability to assist in the robbery if called on to do so.
What determines armed?
Had to be in possession of and be able to be immediately used
Is there an aggracated offence to s 97 crimes act?
Yes. S97(2) aggravated robbery armed with dangerous weapon (firearm, prohibited weapon or spear gun SIO 25 years
98 crimes act - armed robbery with wounding
SIO 25yrs.
What offence is created by section 99 Crimes Act?
Demand property with intent to steal. 10 yrs t1 offence.
What are the elements of thr offence of demand property with intent to steal?
The accused demanded property from the victim
The demand was accompanied by menaces or by force and
The accused intended to steal that property.
