Robbery And Aggravated Robbery Flashcards
Criminal liability for robbery section 234
1.theft
2.accompanied by Violence or threats of violence
3.to any person or property
4.used to extort the property stolen or
Prevent or overcome resistance to it being stolen
What is theft? Section 219(1) crimes act 61
Dishonestly
And without claim of right
Taking any property with intent to deprive any owner permanently of that property
Or any interest in that property
What is property?
Includes real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest
Criminal liability for aggravated robbery section 235(a)
- robs any person
- and at the time of or immediately before or immediately after the robbery
- causes GBH to any person
Case law Theft
R v Skivington
Larceny or theft is an ingredient of robbery and if the honest belief that a man has a claim of right as a defence to theft, then it negates one of the ingredients in the offence of robbery, without proof of which the Full offence is not made out.
When is robbery complete?
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
Actual possession
Warner v Metropolitan Police Commissioner
The term possession must be given a sensible and reasonable meaning in its context. Ideally a possessor of a thing has
Complete physical control over it
Knowledge of its existence, it’s situation and its qualities.
Criminal liability aggravated robbery section 235B
- being together with any other person or persons
- robs
- any person
Case law being together in the context of section 235B
R v Galey
Being together in the context of section 235B involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly and the perpetration of the crime.
Case law being together
R v Joyce
Being together requires two or more people acting (physically present together) in the commission of an offence
Criminal liability for aggravated robbery section 235C
1.being armed with any offensive weapon or
instrument or
anything appearing to be such a weapon or instrument
2.robs
3.any person
Definition of an offensive weapon
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
Definition of an instrument
The term instrument is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
Define. Anything appearing to be such a weapon or instrument
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was it least reckless as to the possibility that it would be perceived as a weapon.
Define being armed with.
The term being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon.
Criminal liability.
Assault with intent to rob section 236(1) (a)
14 years
1.with intent to rob any person
2.causes GBH
3.to that person
Or
Any other person
Criminal liability
Assault with intent to rob section 236 (1)(b)
1.with intent to rob any person
2.being armed with any offensive weapon or
Instrument or
Anything appearing to be such a weapon or instrument
3.assaults that person or
Any other person
Criminal liability
Assault with intent to rob section 236(1) (c)
14 years
- with intent to rob any person
- being together with any other person or persons
- assaults that person or any other person
Definition of intent
Person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
Intent
R v Mohan
A decision to bring about, in so far as it lies with in the accused’s power, the commission of the offence
Intent
R v Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.
Caselaw
Sullivan v Earl of Caithness
Possession includes not merely those who have physical custody of firearms but also those who have firearms under their control even though for one reason or another they may be kept at another location
What is violence in the context of robbery?
Violence must involve more than a minimal degree of force and more than a technical assault but need not involve the infliction of bodily injury.
Case law
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 powerful effect tending to cause bodily injury or discomfort.
Define threats of violence in robbery
I threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.
Case law
R v Broughton
A threat of violence is 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.
Definition of extort
To extort means to obtain by coercion or intimidation.
Definition of prevent
To keep from happening.
Define. Overcome resistance.
To defeat, to prevail over, to get the better of in a conflict.
What is robbery?
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 it being stolen
Define GBH
Harm that is really serious.
Define person
Gender neutral. Proven by judicial notice or circumstantially
Define
At the time of.
During the commission of the theft, at the time of taking with the required intent
Define
Being together with.
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who are physically present at the robbery.
Criminal liability
Demanding with menaces
Section 239(2)
14 years
- With menaces or by any threat
- Demands
- Any property
- From any persons
- With intent to steal it
Define demand
To demand is to require or ask for something firmly, as though with authority or as of right.
Caselaw
Demand
R v Heard
The form of words used for a demand does not matter. Demand is a strong word but a demand does not have to be couched in abusive terms, so long as it is clear that that is a request for something.
