Robbery - Lesson Notes

Question 1

Definition of claim of right

Answer 1

Section 2 CA 1961
claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 2

Claim of right - Case Law

Answer 2

R v Skivington [1967] 1 All ER 483
“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.”

Question 3

Taking Case Law

Answer 3

R v Lapier (1784) 1 Leach 320

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary

Question 4

What are the two possessions and their definitions

Answer 4

Possession may be considered to be either “actual” or “constructive”.

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

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.

Question 5

Case Law for Possession

Answer 5

Warner v Metropolitan Police Commissioner [1969] 2 AC 253
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.

Question 6

Property definition

Answer 6

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

Question 7

Case law for Accompanied by

Answer 7

R v Maihi [1993] 2 NZLR 139
“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 …”

Question 8

Violence definition for Robbery

Answer 8

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

Question 9

Violence Case Law

Answer 9

Peneha v Police 22/8/96, Williams J, HC Gisborne AP8/96
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

Question 10

In regards to Robbery does the violence, or threats have to be directed at the person the property is taken from

Answer 10

Robbery (and grievous bodily harm) need not be committed on same person. Violence may be directed at anyone not just the victim of theft It is therefore not necessary that the robbery and the grievous bodily harm are committed on the same person.

Question 11

Differences between prevent or overcome resistance

Answer 11

Prevent
To “prevent” means “to keep from happening”.
This provision applies when the offender anticipates resistance from the victim and uses violence or threats to ensure it does not start.

Overcome
To “overcome” means “to defeat; to prevail over; to get the better of in a conflict.”
This provision will therefore apply when the victim is resisting and the offender uses violence or threats to overpower and subdue the victim.

Question 12

Act, Section, penalty and legislation of Robbery

Answer 12

Section 234, Crimes Act 1961
Robbery
(1) Robbery is 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 its being stolen.
(2) Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

Question 13

Act, Section, penalty and legislation of Aggravated Robbery

Answer 13

Section 235, Crimes Act 1961
Aggravated robbery
Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument,

Question 14

Together with definition and case law

Answer 14

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 [1968] NZLR 1070
“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

R v Galey [1985] 1 NZLR 230 (CA)
“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

Question 15

Act, Section, Penalty and legislation for Assault with Intent to Rob

Answer 15

Section 236, Crimes Act 1961
Assault with intent to rob
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.
(2) Every one who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.

Question 16

Assault definition

Answer 16

Crimes Act 1961
s2 Interpretation
‘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 or she has, present ability to effect his or her purpose; and ‘to assault’ has a corresponding meaning.

Question 17

Difference between Robbery and Demands with Intent to Steal

Answer 17

Robbery is threat or violence used to property is taken, demands is alter or deal with a document which is capable of conferring a pecuniary advantage

Question 18

When does an Assault with intent to Rob occur

Answer 18

Assault with intent to rob occurs when no property is taken but the offender has robbery as their intent.

Question 19

When is Demanding with intent to steal complete

Answer 19

Demanding with intent to steal is complete when a threat is made with the necessary intent.

Question 20

What are the different stages of when you may be informed of a robbery

Answer 20

− before an intended robbery
− during or after the incident, when a raid alarm at the premises goes off
− after the offenders have left the scene of the crime.

Question 21

Theft by person in special relationship

Answer 21

Section 220 CA 1961

(1) This section applies to any person who has received or is in possession of or has control over, any property on terms or in circumstances that the person knows require the person
(a) to account to any other person for the property or for any proceeds arising from the property
(b) to deal with the property or any proceeds arising from the property in accordance with the requirements of any other person.

Question 22

Blackmail legislation

Answer 22

Section 237
Everyone commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead) to disclose something about any person (whether living or dead) or to cause serious damage to property or endanger the safety of any person with intent-
(a) to cause the person whom the threat is made to act in accordance with the will of the person making the threat,
(b) to obtain any benefit or cause loss to any other person

Question 23

Punishment of blackmail

Answer 23

Section 238

Everyone who commits blackmail is punishable to imprisonment for a term not exceeding 14 years

Question 24

Demanding with intent to steal - legislation

Answer 24

Section 239

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit
(2) Everyone is liable to imprisonment for a term not exceeding 7 year who, with menaces or by any threat, demands any property from any person with intent to steal