ROBBERY - Ingredients => Definitions Flashcards
Theft
Theft - Section 219(1), Crimes Act 1961
Dishonestly without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property
R V SKIVINGTON.
“Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”
R V LAPIER
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Possession
Possession may be actual or constructive.
Actual Possession
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
WARNER v METROPOLITION 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, its situation and its qualities
OR
Constructive Possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
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Accompanied by Violence
OR
Threats of violence
Accompanied by:
The prosecution must prove:
- A connection between the violence or threats of violence and the stealing of the property.
- It must be shown that the defendant had an intent to steal at the time the violence or threats were used
- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
R V MAIHI
It is implicit in ‘accompany’ that there must be a nexus (connection or link) 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 …”
Violence
In the context of robbery, must be more than a minimal degree of force and more than a technical assault but does not require physical bodily injury.
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.
OR
Threats of violence
A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the demands of the robber.
Threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.
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.
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.”
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To any person
OR
Property
To any Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Violence or threats can be directed at any person not just the victim.
OR
Property - Section 2, Crimes Act 1961
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any thing in action and any other right or interest.
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Used to extort the property stolen
OR
Used to prevent or overcome resistance to it being stolen
Extort
To “extort” means “to obtain by coercion or intimidation.”
Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.
Property - Section 2, Crimes Act 1961
Property includes real and personal property, and 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.
OR
To Prevent
To “prevent ” means “to keep from happening.”
Overcome resistance
“to defeat; to prevail over; to get the better of in a conflict.”
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Robs
Robbery - Section 234 (1), Crimes Act 1961
Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or used to overcome resistance to the property being stolen.
All ingredients must be proved.
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Any person
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
and at the time of
OR
Immediately before
OR
mmediately after
At the time
During the commission of the theft, at the time of taking with the required intent.
OR
Immediately
The term “immediately” refers to the connection in time between the robbery and the infliction of grievous bodily harm. Whether or not that connection amounts to “immediate” is a matter of fact and degree to be considered in each case.
Before
The connection in time before the taking of the item stolen.
OR
After
The connection in time after the taking of the item stolen.
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Causes GBH
Causes
Person causes GBH if his actions make him criminally responsible for it.
Grievous Bodily Harm
GBH can be defined as harm that is really serious.
DPP V SMITH
Bodily harm needs no explanation, grievous means no more and no less than really serious.
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To any person
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
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Being together with any other person/s
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 were physically present at the robbery.
R v JOYCE
Crown must establish that at least two persons were physically present at the time of the robbery was committed or assault occurred.
R v GALEY
“Being together” in the context of S235(b) involves two or more persons having a common intention to use combined force either in any event or as circumstances might require, directly in the perpetration of the crime.”
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
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Being armed with any offensive weapon
OR
Instrument
OR
Anything appearing to be such an offensive weapon or instrument
Being Armed
The defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon – Section 202A (1) Crimes Act 1961
Any article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.
OR
Instrument
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.
OR
Anything appearing as such
It must be proved both that the appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
R V BENTHAM
A “thing” does not include a part of a person’s body.
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With Intent to Rob any person
Intent
A 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.
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.
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.
Robbery - Section 234 (1), Crimes Act 1961
Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or used to overcome resistance to the property being stolen.
All ingredients must be proved.
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
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To that person or any other person
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
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Assaults that person or any other person
Assault – Section 2, Crimes Act 1961
assault means 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.
Person
Gender neutral, proven by judicial note or circumstantial evidence.
RTS
Assaults
Assault – Section 2, Crimes Act 1961
assault means 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.
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