Robbery and Receiving Flashcards
What are the basic principals of initial action at the scene of a Robbery?
> Freeze
Guard
Control
Preserve
Explain what is meant by ACCOMPANIED
…means at the time of the robbery. It may be wither immediately prior to or at the same time as the theft.
Explain THEFT
Theft is dishonestly and without claim of right taking any property with the intent of permanently depriving the owner of that property.
Explain ACCOMPANIED BY VIOLENCE or ACCOMPANIED BY THREATS OF VIOLENCE
Violence before or at the time of the theft.
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
Explain USED TO EXTORT THE PROPERTY STOLEN
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
Explain TO ANY PERSON or TO ANY PROPERTY
The person who was threatened with violence OR the person who had violence used against them.
The property that has been threatened with violence OR the property that had violence used against it.
Explain TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
When is the offence of ROBBERY complete?
All the elements of the offence of theft must be proven in order to prove a robbery.
The intent to steal must exist at the time the violence is used or the threats are made.
There must be an actual threat of violence by words or conduct - fear alone is not enough.
List the elements of RECEIVING STOLEN PROPERTY
1) Receives
2) Any property stolen
OR
Any property obtained by any other imprisonable offence
3) Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained.
Give an example of GUILTY KNOWLEDGE
Guilty knowledge may be proved by:
1) Direct Evidence: E.g. evidence given by the actual thief. However, it is unwise to convict an alleged receiver on the thief’s uncorroborated evidence.
2) Circumstantial evidence: E.g.
- The receiver purchased the property at gross undervalue
- There are suspicious circumstances around the acquisition of the property
- The nature of the amount of the property causes suspicion
- The receiver falsely denies having possession of the property
- The receiver concealed the property so that it could not be found
- The receiver’s general conduct in relation tot he property.
Explain when receiving cannot be committed
If property dishonestly obtained is effectively under the control of the owner or the police (who have found and recovered it), a third party is not guilty of receiving it.
Explain the Doctrine of Recent Possession
If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver. The possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it from the thief.
