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DDC February 2021 > ROBBERY > Flashcards

ROBBERY Flashcards

1
Q

Liability: ROBBERY

A

Section 234(1) Crimes Act 1964

Theft
Accompanied by violence or 
accompanied by threats of violence
To any person or property
Used to extort the property stolen or 
To prevent or overcome resistance to its being stolen
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2
Q

THEFT *

A

S219(1)(a) CA 1961

Dishonestly and without claim of right takes any property with intent to deprive the owner permanently of that property

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3
Q

DISHONESTLY *

A

S217 CA 1961
Done or omitted without a belief that there was express or implied consent to, or authority for; the act or omission from a person entitled to give such consent or authority

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4
Q

CLAIM OF RIGHT *

A

S2 CA 1961
A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed

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5
Q

TAKES *

A

S219 CA 1961

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved

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6
Q

R v LAPIER *

A

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary

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7
Q

R v SKIVINGTON

A

Defence to theft (ie claim of right) is a defence to robbery

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8
Q

R v PEAT

A

The immediate return of the goods does not purge the offence.

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9
Q

R v COX *

A

Possession involves two elements.

The first, often called the physical element, is actual or potential physical custody or control.

The second, often described as the mental element… is a combination of knowledge and intention; knowledge in the sense of awareness by the accused that the substance is in his possession… and an intention to exercise possession

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10
Q

POSSESSION *

A

R v COX
Possession involves two elements.

The first, often called the physical element, is actual or potential physical custody or control.

The second, often described as the mental element… is a combination of knowledge and intention; knowledge in the sense of awareness by the accused that the substance is in his possession… and an intention to exercise possession

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11
Q

R v MAIHI *

A

It is implicit in ‘accompany’ that there must be a nexus between the act of stealing… and a threat of violence. Both must be present. However the term does not require that the act of stealing and the threat of violence be contemporaneous…”

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12
Q

ACCOMPANY *

A

R v MAIHI

It is implicit in ‘accompany’ that there must be a nexus between the act of stealing… and a threat of violence. Both must be present. However the term does not require that the act of stealing and the threat of violence be contemporaneous…

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13
Q

PENEHA v Police

A

Violence

It is sufficient that ‘the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort’

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14
Q

VIOLENCE *

A

PENEHA v Police

It is sufficient that ‘the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort’

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15
Q

THREAT OF VIOLENCE *

A

R v BROUGHTON

“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.”

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16
Q

R v PACHOLKO

A

The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’

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17
Q

PERSON *

A

Gender neutral, judicial notice, circumstantial evidence

The violence or threat thereof can be directed at any person not just the intended victim of theft.

18
Q

PROPERTY *

A

Includes 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.

Includes intangible property.

19
Q

EXTORT *

A

“to obtain by coercion or intimidation”. If the threats have not affected the will of the victim, there is no robbery.

20
Q

PREVENT *

A

To keep from happening

21
Q

OVERCOME *

A

To defeat, to prevail over, to get the better of in conflict

22
Q

Liability: AGGRAVATED ROBBERY (GBH) **

A 
S235(a) Crimes Act 1961
Robs
Any person
At the time of, or immediately before or immediately after; the robbery, causes grievous bodily harm
To any person
23
Q

ROBBERY *

A

S234 CA 1961
Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or to prevent or overcome resistance to its being stolen.

24
Q

GRIEVOUS BODILY HARM *

A

Harm that is really serious.

DPP v SMITH
‘bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’

25
Q

DPP v SMITH *

A

‘bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’

26
Q

R v WELLS

A

There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.

27
Q

Liability: AGGRAVATED ROBBERY (together with)

A

S235(b) Crimes Act 1961
Being together with any other person or persons
Robs
Any person

28
Q

TOGETHER WITH *

A

The term ‘together with’ requires that two or more people are actually present and acting together in the commission of the robbery.

29
Q

R v JOYCE *

A

The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

30
Q

R v GALEY

A

Being together in the context of s235(b) involves ‘two or more persons 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

31
Q

Liability: AGGRAVATED ROBBERY (weapons)

A 
235(c) Crimes Act 1961
Being armed with any
Offensive weapon or instrument or
Any thing appearing to be such a weapon or instrument
Robs
Any person
32
Q

BEING ARMED WITH *

A

The Defendant is carrying the item or has it available for immediate use as a weapon.

33
Q

OFFENSIVE WEAPON *

A

S202A Crimes Act 1961

  1. Offensive weapon means any article made or altered for use for causing bodily injury or intended by the person having it with him for such use
  2. Offensive weapon means any article capable of being used for causing bodily injury
34
Q

R v BENTHAM

A

What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.

35
Q

Liability: ASSAULT WITH INTENT TO ROB (GBH)

A

S236(1)(a) Crimes Act 1961
With intent to rob any person
Causes grievous bodily harm
To that person or any other person

36
Q

INTENT *

A

There must be an intention to commit the act and to get a specific result. Must be done deliberately.

37
Q

Liability: ASSAULT WITH INTENT TO ROB (weapons)

A

S236(1)(b) Crimes Act 1961
With intent to rob any person
Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
Assaults that person or any other person

38
Q

ASSAULTS *

A

S2 Crimes Act 1961
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.

39
Q

Liability: ASSAULT WITH INTENT TO ROB (together with)

A

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

40
Q

Liability: ASSAULT WITH INTENT TO ROB

A

S236(2) Crimes Act 1961
Assaults
Any person
With intent to rob that person or any other person

DDC February 2021 (12 decks)

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