Robbery and Allied Concepts Flashcards
What’s Robbery, Definition? Case?
R v Hickman
Robbery is an aggravated form of theft and is a comibnation offence consisting of staling and an assault.
Principal ingredient in Robbery? Case?
R v Hickman (1784)
Man being forced to part with his property.
R v Hickman on terror
Whether the terror arises from real or expected violence to the person, or from a sense of injury to the character the law makes no distinction’
S94?
Robbery/Steal from person
a) Whosoever robs or assaults with intent to rob a person, or
b) steals any chatel, money or valuable security from the person or another,
Liable to 14 years.
- Force or fear
Case on violence/threat coinciding with threat?
R v Emery
Violence or threat must coincide with theft or attempt.
Offences under 94?
Robbery
Assault with intent to Rob
Stealing from the person.
Elements of 94?
- Unlawful taking & carrying away of property being of some value.
- Taken from their immediate & personal care
- Intention to permanantely deprive.
- Against their will
- By force or instilling fear.
Jurisdiction Steal from person?
Table 1 over 5k
Table 2 under 5k
Jurisdiction Robbery/Assault w intent to rob?
Table 1
Jurisdiction Demand w menaces?
Table 1
Childrens Court Jurisidiction?
May hear 94, 95, 97 except wheere 25 years or life.
Circumstances of aggravation for s 95?
Immediately before, at time of, immediately after, one or more of following;
a) Corporal violence on any person
b) ABH on any person
c) Deprive any person of liberty.
Wound?
Breaking the skin, both epidermis and dermis. Must bleed. Burns not suffice.
In company and case?
FP v R [2012]
- Offence committed and,
- Co-accused shared common purpose that this would occur, and
- Applicant physically present when it ocurred. Presence significantly proximate if
a) it afforded encouragement to alleged co-offener OR
b) operated to intimidate or coerce the complainant.
Must show involvement in common purpose.
Does it matter if victim is unaware of presence of other person for in company?
No.
In company basically?
Present together and share common purpose.
Demand Property with menaces?
S99.
WHosoever by menaces or by force, demands any property from any person, with intent to steal, shall be liable for imprisonment for 10 years.
Table 1
Demand?
words or gestures
Sending of letter is enough
Menaces?
Menace can involve, Violence, Injury, Accusation.
Menaces objective or subjective test?
Objective, reasonable person test.
R v Clear on Menaces?
Such a nature and extent that mind of a person reasonable firmness might be influenced or ade apprehensive so as to accede unwillingly to demand.
Timing for demand property w menace?
The demand and the receiving of property can occur at different times. Don’t even have to receive the property.
Steal from person elements?
Property taken from immediate control or presence of victim, however no physical violence or contact.
Corporal Violence?
Infliction of pain
Offensive weapon?
s 4 Crimes Act.
Offensive weapon or instrument means—
(a) a dangerous weapon, or
(b) any thing that is made or adapted for offensive purposes, or
(c) any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.
Circumstances of aggravation relative timing?
At, or immediately before or after the Robbery.
R v Leoni on in company?
“the only relevant intent (for a robbery in company charge) is that the
offender placed himself in the position in which he knew or expected that the
victim would know of his presence and ability to assist in the robbery if called
on to do so.
