VIOLENCE - 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.
- Theft is complete the moment the item is moved with the intent to steal it.
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.
PROPERTY
PROPERTY - s2, 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.
ASSAULT
ASSAULT – s2, 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.
PROVING INTENT/INFERRED INTENT
PROVING INTENT/INFERRED INTENT Circumstantial evidence from which an offender’s intent may be inferred can include: • the offender’s actions and words before, during and after the event • the surrounding circumstances • the nature of the act itself. R v COLLISTER The demeanour of the prisoner and the circumstances of the case are such that an ordinary reasonable man would understand that a demand for money was being made on him
VIOLENCE
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. Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.
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.
Threats
Threats
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.
However 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.
Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case.
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.”
Extort
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.
To Prevent
To Prevent
To “prevent or overcomes” means “to keep from happening.”
Overcome
Overcome
To “defeat; to prevail over; to get the better of in a conflict.”
ROBS
ROBS
Robbery - Section 234(1), CA61
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.
Causes
Causes
Person causes GBH if his actions make him criminally responsible for it.
Grievous Bodily Harm
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.
PERSON
PERSON
Gender neutral proven by judicial notice or circumstantial evidence
At the time
At the time
During the commission of the theft, at the time of taking with the required intent.
Being together with
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.”
