Robbery - S234(1) Flashcards
Robbery
Section/Penalty/Elements
S234(1) CA61
10 Years Imp
1) Theft
2) Accompanied by violence
OR
threats of violence
3) To any person or property
4)Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen
S234(1)
Element 1
Theft
What case laws and definitions for this element?
Define: Theft, Claim of right
Case laws:
R v Lapier
R v Skivington
R v Peat
Theft
Section/Elements
Sec 219 (1) Crimes Act 1961
1) Dishonestly
2) without claim of right
3) takes
4) any property
5) with intent to deprive any owner permanently of that property or of any interest in that property.
Claim of right
Definition
A belief in the possesory right to the property
S234(1)
Element 2
Accompanied by violence OR Threats of Violence
What case laws and definitions for this element?
Violence = Case laws:
R v Maihi
R v Mitchell
Peneha v Police
Threats = Case Laws:
R v Broughton
Which Three Caselaws are the same across all four Robbery offences?
Note: Robbery and the 3 Agg Rob
R v Lapier
R v Skivington
R v Maihi
S234(1)
Element 4
Used to extort any property stolen OR To prevent or overcome resistance to it being stolen
What case laws and definitions for this element?
Definition
Extort: obtain by coercion or intimidation
Prevent: Keep from happening
Overcome: to get the better of
Property: includes any real or personal property
Case law:
R v Lapier
Robbery is complete at the time the property is taken
Case law:
R v Skivington
Claim of right is a defence to robbery
Case law:
R v Peat
Return does not negate the offence
Case law:
R v Maihi
There must be a connection between the act of stealing and the threat of violence
Case law:
Peneha v Police
Defendants acts forcibly interferes with the personal freedom, or a forcible powerful or violent action or motion
