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 any real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and thing in action and any other right or interest.
ASSAULT
ASSAULT – s2, Crimes Act 1961
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
CIRCUMSTANTIAL EVIDENCE
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.
VIOLENCE
VIOLENCE
In the context of robbery it 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
The actions of the defendant forcibly interfered 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 direct or veiled warning that violence will be used..
May also be conveyed by
- The defendant’s conduct, demeanour or appearance.
Extort
Extort
- “to obtain by coercion or intimidation.”
To Prevent
To Prevent
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 GBH
Causes
A 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 coupled 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.
