Robbery Liabilities, Case Law and definitions Flashcards
Section 219(2)(a) Crimes Act 1961
(2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that
(a) the property cannot be returned to any owner in the same condition
Section 219(1)(b) Crimes Act 1961
(1) Theft or stealing is an act of, -
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive the owner permanently or of any interest in the property after obtaining possession of, or control over, the property in whatever manner.
Section 219(1)(a) Crimes Act 1961
(1) Theft or stealing is an act of, -
(a) Dishonestly and without claim of right taking any property with the intent to deprive any owner permanently of that property or of any interest in that property.
Section 219(2)(b) Crimes Act 1961
(2) An intent to deprive any owner permanently of property includes an intent to deal with any property in such a manner that, -
(b) Any owner is likely to be permanently deprived of any property or of any interest in the property.
Section 234(1) Crimes Act 1961
ROBBERY
- Theft
- Accompanied by violence OR threats of violence
- To any persons OR property
- Used to extort the property stolen OR to prevent OR overcome resistance to the property being stolen.
Section 235(a) Crimes Act 1961
AGGRAVATED ROBBERY
- Robs any person
- At the time of OR immediately before OR immediately after
- Causes Grievous Bodily Harm
- To any person
Section 235(b) Crimes Act 1961
AGGRAVATED ROBBERY
- Being together with any other person OR persons
- Robs
- Any person
Section 235(c) Crimes Act 1961
AGGRAVATED ROBBERY
- Being armed with any offensive weapon OR instrument OR something appearing to be such an offensive weapon OR instrument
- Robs
- Any person
Section 236(1)(a) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Causes Grievous Bodily Harm
- To that person OR any other person
Section 236(1)(b) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Being armed with any offensive weapon OR instrument OR such a thing appearing to be such an offensive OR instrument
- Assaults
- That person OR any other person
Section 236(1)(c) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- With intent to rob any person
- Being together with any person OR persons
- Assaults that person OR any other person
Section 236(2) Crimes Act 1961
ASSAULT WITH INTENT TO ROB
- Assaults any person
- With intent to rob that person OR any other person
R V BROUGHTON
A threat of violence is the manifestation of an intention to inflict violence unless the property OR money is handed over.
- The threat may be direct OR veiled.
- It may be conveyed by words OR actions OR a combination of both.
- The fear on the part of the victim is irrelevant.
R V PEAT
The immediate return of the items does not negate the offence.
R V LAPIER
Theft is complete the instant property is taken, even if possession is only momentary.
R V MAIHI
ACCOMPANY
There must be a connection between the act of stealing and the threat of violence.
- Not required to be contemporenous
R V MITCHELL
There may be occasions where property is handed over as a result of threats previously made by and is still on the minds of the victim.
PENEHA V POLICE
LEVEL OF VIOLENCE
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
- Causing bodily injury or discomfort.
DPP V Smith
“Bodily harm” needs no explaining and “grievous” means no more and no less than “really serious”.
R V JOYCE
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 GALLEY
BEING TOGETHER
“Being together” involves two or more people having the common intention to use their combined force, either in any event OR circumstances, directly in the perpetration of the crime.
“Offensive weapon”
- Items that are made solely for the purpose of attacking or inflicting injury. EG. Firearms, swords OR knuckle dusters.
- Items that may otherwise have innocent purposes but have been altered OR adapted for use for causing injury, such as a bottle that has been deliberately broken to created a jagged edge.
- Items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that purpose. EG. Baseball bat OR knife.
R V PACHOLKO
Application: Threat of violence - Robbery
The actual presences or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’.
R V WELLS
Application: To any person - robbery
There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.
R V BENTHAM
Application: Armed with - Offensive Weapon
“What is possessed must under the definition be a thing. A persons hand or fingers are not a thing”
Robbery - Act and section
Crimes Act - Section 234(1)
Robbery - Ingredients
Crimes Act 1961 - Section 234(1)
- 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
Aggravated robbery (Causes GBH) - Act and section
Crimes Act 1961 - Section 235(a)
Aggravated robbery (causes GBH) - Ingredients
Crimes Act 1961 - Section 235(a)
- Robs any person
- At the time of OR immediately before OR immediately after the robbery causes GBH
- To any person
Aggravated robbery (together with any other person) - act and section
Crimes Act 1961 - Section 235(b)
Aggravated robbery (together with any other person) - ingredients
Crimes Act 1961 - Section 235(b)
- Being together with any other person or persons
- Robs
- Any person
Aggravated robbery (being armed with an offensive weapon) - act and section
Crimes Act 1961 - 235(c)
Aggravated robbery (being armed with an offensive weapon) - ingredients
Crimes Act 1061 - Section 235(c)
- Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Robs
- Any other person
Assault with intent to rob (causes GBH) Act and section
Crimes Act 1961 - Section 236(1)(a)
Assault with intent to rob (causes GBH) - Ingredients
Crimes Act 1961 - Section 236(1)(a)
- With intent to rob any person
- Causes GBH to that person or any other person
Assault with intent to rob (armed with offensive weapon) - act and section
Crimes Act 1961 - Section 236(1)(b)
Assault with intent to rob (armed with offensive weapon) - ingredients
Crimes Act 1961 - Section 236(1)(b)
- With intent to rob any person
- Being armed with any offensive weapon OR instrument OR any thing appearing to be such a weapon or instruments
- Assaults that person or any other persons
Assault with intent to rob (together with any other person) - act and section
Crimes Act 1961 - Section 236(1)(c)
Assault with intent to rob (together with any other person) - Ingredients
Crimes Act 1961 - Section 236(1)(c)
- With intent to rob any person
- Being together with any other person
- Assaults that person or any other person
Assault with intent to rob - act and section
Crimes Act 1961 - Section 236(2)
Definition: Theft
Dishonestly, without claim of right, takes any property with intent to deprive the owner permanently of that property
Definition: Taken
The moment the item is moved with intent to steal it
R v COX
Proof the defendant had possession of the property
Mental and physical element of possession
Definition: Property
Any real and personal property whether tangible or intangible
Definition: Intent
Intention to do a deliberate act to get a specific result
Definition: threats of violence
The ‘violence’ component does not require that a person must inflict actual harm or bodily injury
Definition: Violence
Violence must involve more than the minimal degree of force but need not involve the infliction of bodily injury
Definiton: Extort
To obtain by coercion or intimidation - overbearing the will of the victim
Definition: Prevent
To keep from happening
Definition: Overcome
To defeat/prevail over and get the better of
Definition: Being together
Must be physically present at the time of the robbery and play some active role
Definition: Joint enterprise
Mere presence during the commission of robbery, without active participation, is not sufficient
Definition: Being armed with
The defendant is carrying the item or has it available for immediate use as a weapon
Definition: Instrument
Include any item intended to be used as a weapon or to intimidate and overbear the victim
Definition: Anything appearing to be such
The court acknowledges that harmless and convincing replicas will cause just as much apprehension in the mind of the victim
