Violence Offences -Robbery Flashcards
List the section, penalty and elements of Aggravated Robbery
Aggravated Robbery
S. 235 CA1961
14yrs Imprisonment
(a)
-Robs any person
-At the time of (or) immediately before (or) immediately after the robbery
-Causes grievous bodily harm
-To any person
(b)
-Being together with any other person or persons
-Robs
-Any person
(c)
-Being armed with any offensive weapon or anything appearing to be such a weapon
-robs
-any other person
What was held in DPP v Smith
Grievous bodily harm is harm that is no more or no less than really serious. As long as the harm is serious it need not involve life threatening or permanent injury
Define ‘Dishonestly’
Something done or omitted without express or implied consent, given by someone in a position of authority to give that consent
List the section, elements and penalty for Robbery
Robbery
S.234 (1) CA1961
10yrs Imprisonment
-Theft
-Accompanied by violence (or) threats of violence
-To any person (or) property
-Used to extort the property stolen (or) overcome resistance to its being stolen
What is the key consideration when establishing if a persons actions amounted to a threat of violence?
The actual presence or absence of fear on the part of the victim is not the yardstick. It is the conduct of the offender that which has to be assessed rather than the strength of the nerves of the person being threatened
What was held in Peneha vs Police
‘The actions of the defendant forcibly interfere with personal freedom or amount to a a forcible or violent action or motion that produces a profound effect, tending to cause bodily injury or discomfort”
What differentiates S.236 sub sections b) & c) from a)
Unlike S.236 (a), subsections 236 b) and c) do not require that any physical harm actually be caused to any person
Define ‘Ownership’ in relation to theft
A person can be deemed the owner of property if, at the time of the theft they have:
1. Possession or control of the property (or)
2. Any interest in the property (or)
3. The right to take possession or control over the property
Discuss the relevance of when the threats are made for a robbery?
The violence or threats will usually occur at or immediately before the theft, however this isn’t always the case (R v Maihi)
Define ‘Causes GBH’
To be criminally responsible for it
Define Property
The real and personal property of someone in which they have a right or interest to
What must the Prosecution prove in relation to the threats made during a robbery
That they were used to extort the property stolen or to prevent or overcome resistance to its being stolen
What was held in R v Galey
“Being together with involves two more more persons having the common intention to use their combined force directly in the perpetration of the crime”
Define ‘GBH’
Harm that is really serious
What was held in R v Broughton in regards to threats of violence
Whether or not conduct amounted to a threat of violence must be assessed in the context and circumstances in which it occurred, including:
- the relative age of parties
-their respective physiques
-their appearance
-their demeanour
-what was said and done by those involved
-the manner and setting in which the incident took place
Define ‘Assault’
The intentional application or attempted application of force to another person, directly or indirectly, by any act threat or gesture
Define ‘Armed with’
Carrying the item or having it immediately available for use as a weapon
What was held in R v Cox in regards to posession
Possession involves two elements;
-Physical; actual or potential physical custody or control
-Mental; an awareness on the persons part of their possession of the item and an intention to exercise that possession.
What must ‘violence’ be to meet the elements of robbery
Violence must involve more than a minimal degree of force and more than a technical assault, but need not involve actual bodily injury
Define ‘Threat of Violence’ in relation to Robbery
The manifestation of an intention to inflict violence unless the property is handed over. The threat may direct or veiled, conveyed by words, conduct or both
Do the threats of violence have to be made at the same time as stealing the property in a robbery?
No, there may be occasions where property is handed over to a thief as a result of threats previously made but that are still operating on the mind of the victim at the time.
(This will be a matter of fact and degree for each case)
What was held in R v Skivington
‘Theft is an element of robbery and if the honest belief of a man in a claim of right is a defence to theft, then this belief negates one of the elements of robbery, without proof of which the offence of robbery is not complete’
Define ‘Theft’
-Dishonestly
-Without Claim of Right
-Takes
-Any property
-With intent to deprive the owner permanently of that property
Define ‘Claim of Right’
A belief at the time in question in a proprietary or possessory right to the property in which the offence relates
Define ‘Prevent’
To keep from happening
Define ‘Offensive Weapon’
Anything made or altered used to inflict bodily injury or harm
What must the prosecution prove in relation to the violence in a Robbery or Aggravated Robbery
That the violence was used to extort the property stolen (or) to prevent or overcome resistance to its being stolen
Define ‘Instrument’ in relation to an offensive weapon
Anything carried by the offender intended to be used as a weapon or to intimidate and overbear the will of the victim
List the section, penalty and elements for Assault with Intent to Rob
Assault with Intent to Rob
S.236(1) CA1961
14yrs Imprisonment
(a)
-With intent to rob any person
-Cause GBH to that person or any other person
(b)
-With intent to rob any person
-being armed with any offensive weapon (or) anything appearing to such a weapon or instrument
-assaults that person or any other person
(c)
-With intent to rob any other person
-being together with any other person or persons
-assaults that person or any other person
Assault with Intent to Rob
S.236(2) CA1961
-Assaults any person
-with intent to rob that person or any other person
Define ‘Overcome’
To defeat, prevail or to get the better of in conflict
Define ‘Using or Dealing with’
Using or dealing with property involves someone acting contrary to the authority or consent of the owner and in a way that was inconsistent with the rights of the owner
What was held in R v Lapier
‘Robbery is complete as soon as the property has been moved, even if possession was only for a moment’
What was held in R v Maihi
It is implicit in ‘accompanied’ that there must be a connection between the act of stealing and the threats of violence
Define ‘Being together with’
A joint enterprise between two or more persons, physically present, who share an intent to use their combined force to achieve a certain outcome and play an active role in achieving that outcome
What was held in R v Joyce
The Crown must establish that at least two persons were physically present at the time the robbery or assault occurred
Define ‘Extort’
To obtain by coercion or intimidation, an overbearing of the victims will
What are the four points for verifying a claim of right
- There must be a belief in a proprietary or possessory right in the property. a.k.a A belief that they own the property or have some right to have possession or control of it
- That belief must be about the right to ‘property in relation to which the offence is alleged to have been committed’
- The belief must be held at the time of the alleged offence
- The person must actually hold that belief
