Robbery Definitions and need to knows Flashcards
DISHONESTLY
Def: Without express or implied consent
Dishonestly is a state of mind
Mistaken belief is a defence to theft.
Belief that act or omission was expressly or implied by a person who can give consent
That the act or omission was authorised by a person entitled to authorise it.
Question is whether belief is held, not whether belief is reasonable
CLAIM OF RIGHT
DEF S2 CA61 - Belief in a proprietary or possessory right to the property.
Belief that they have a right to the property
Belief does not have to be their own they can believe it to be someone else’s property
- Must have proprietary or possessory belief
- Belief must relate to the property in relation to the offence.
- Belief must be held at time of offence.
4 . Belief must be actually held by the defendant.
R V SKIVINGTON
TAKING
Complete as soon as the item is moved with intent to steal it
R V LAPIER
PROPERTY
DEF S2 ca 61
Includes real and personal property
DEPRIVE OWNER PERMANENTLY
Thief must desire
or foresee as virtually certain that the owner will never regain the property, not necessarily he intends to keep it for himself, intent to destroy or give it to someone else to retain.
Intent to replace with other similar items will not negate an intention to deprive.
OWNERSHIP
A person is regarded as the owner of any property that is stolen if:
They have possession or control
Any interest
A right to take possession or control
Accompanied by
Prosecution must prove a connection between violence or threats and stealing the property.
R V MAIHI
R V MITCHELL
VIOLENCE
In the context of robbery violence must involve more than a minimal degree of force, more than technical assault but need not involve bodily injury.
PENEHA V POLICE
Threat of violence
Is the manifestation of an intention to inflict violence unless the money or property is handed over, threat may be direct or veiled, conveyed by words conduct or both.
Must consider
-Ages of parties
-Physiques
-Appearance
-Demeanor
-What was said and done
-The manner and setting in which took place
ANY PERSON (IN CONTEXT OF ROBBERY)
Robbery need not be committed on the same person that the violence/threats are inflicted upon
USED TO EXTORT THE PROPERTY STOLEN
The prosecution must prove the purpose of the violence was to extort the property stolen or prevent resistance from it being stolen.
Not sufficient that offender used violence or threats if such use was for collateral purpose
EXTORT
Means to obtain by violence coercion or intimidation
If the threats have not affected will of victim it is not robbery
Prevent
means to keep from happening.
Overcome
means to defeat and prevail over to get the better of.
AT THE TIME OF (IN THE CONTEXT OF AGG ROBBERY)
Immediately refers to the connection in time between the robbery and gbh caused, this is a fact to be considered in each case
BEING ARMED WITH
Carrying the item or having it available for immediate use as a weapon
OFFENSIVE WEAPON
DEF 202A CA 61
Means any article made or intended or altered for use for causing bodily injury or intended by the person for such use.
ANYTHING APPEARING TO BE SUCH
It must be proved that the object appeared to be an offensive weapon or instrument to the victim and the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
R V BENTHAM - a persons limb cannot be classed as a weapon or appearing to be as such
MUST PROVE IN CASES OF BLACKMAIL
MUST PROVE
-The identity of the suspect and that they threatened expressly or by implication to
-Make any accusation against any person
-Disclose something about a person
-Cause serious damage to property
-Endanger the safety of any person
AND THAT THE SUSPECT INTENDED TO:
-Cause the person whom the threat is made to act in accordance with the will of the person making the threat
-Obtain any benefit or cause loss to any other person
THREATENS (BLACKMAIL)
Carries its ordinary meaning, ‘make a clear intention’ not need be overt can be subtle and indirect
Question of fact for the jury to decide whether the defendants conduct amounted to a threat
Offender must intend he person acts in accordance with their will, to obtain any benefit or cause loss.
A threatens x that if he does not do as A instructs then A will make an accusation against T
ACCUSATION
Refers to an allegation that the person is guilty of criminal offending whether or not any charges have been filed.
Immaterial whether correct or not and that the accusation relates to the person who the demand is made.
DISCLOSURE
Need not relate to offending and can be information that would embarrass or cause emotional distress.
Need not be the person from whom the demand is made
OBTAINS
To obtain or retain for himself or any other person
BENEFIT
anything that enhances a person’s position. But includes privilege service or non-monetary benefit.
Pecuniary advantage
enhances accused financial position
Privilege
- special right or advantage
Valuable consideration
money or moneys worth
STATUTORY DEFENCE TO BLACKMAIL
If the defendant can show they believed they were entitled to obtain the benefit or to cause the loss and objectively viewed the making of the threat was a reasonable and proper mean as for obtaining the benefit or causing the loss. Jury determines if it will be proper mean.
Demanding with intent/steal defendants actions
DEFENDANT USED FORCE OR THREATS TO CAUSE ANOTHER TO DEAL WITH A DOCUMENT WHICH IS CAPABLE OF CONFERRING A PECUNIARY ADVANTAGE
Conduct will not amount to robbery as no property is taken or dealt with by the defendant.
Defendant must compel the execution of a document which will require the will of the other person to be overborne.
Force will require the use or threat of violence but the force need not be directed.
EXECUTE
Do what law requires to give validity to the document
Entry of data into a computer may amount to execution
DOCUMENT CAPABLE OF CONFERRING A PEC ADVANTAGE
Thing which provides evidence or information or serves as a record
Document is capable if it could do so in some circumstances such as cheque, ticket, TAB slip
Demand
If there is a clear request made firmly, not necessarily the demand be communicated to the person to whom it is directed.
MENACES/THREAT
It is sufficient if the words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made.
