Elements of Theft
Dishonestly
Without Claim of Right
Takes
Any Property
With the intent to permanently deprive the owner of that property
Basic Robbery
- Theft
- Accompanied by violence OR accompanied by threats of violence
- To any person or property
- Used to extort the property stolen OR to prevent or overcome resistance to it being stolen
S234 Crimes Act 1961
Aggravated Robbery (cause GBH)
- Robs any Person
- At the time of OR immediately before OR immediately after, the robbery
- Causes GBH
- To any person
S235(a) Crimes Act 1961
Aggravated Robbery (with other people)
- Being together with any other person or persons
- Robs
- Any person
S235(b) Crimes Act 1961
Aggravated Robbery (weapon)
- Being armed with any offensive weapon OR any thing appearing to be such a weapon or instrument.
- Robs
- Any other person
S235(c) Crimes Act 1961
Assault With Intent To Rob (GBH)
- With intent to rob any person
- Causes GBH to that person or any other person
S236(1)(a) Crimes Act 1961
Assault with Intent to Rob (Weapon)
- With intent to rob any person
- Being armes with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument.
- Assaults that person or any other person.
S236(1)(b) Crimes Act 1961
Assault with Intent to Rob (Other people)
- With intent to rob any person.
- Being together with any other person or persons
- Assaults that person or any other person
S236(1)(c) Crimes Act 1961
Assault with Intent to Rob (Non-Aggravating)
- Assaults any person
- With Intent to rob that person or any other person.
S236(2) Crimes Act 1961
R v Skivington
Theft is an element of robbery and if the offender has claim of right, it is a defence to theft and therefore robbery.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Cox
Possession requires physical custody and control as well as knowledge and intention.
R v Maihi
There must be a connection between the act of stealing and a threat of violence. It doesn’t need to be contemporaneous.
Peneha v Police
Actions of the defendant forcibly interfere with victims personal freedom. They must be more than minimal
R v Broughton
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 Joyce
The crown must establish that at least two persons were physically present at the time of the robbery.
R v Galyer
Being together, means two or more people have the intention to use their combined force.
R v Bentham
A person’s body part is not a thing as the person can not be separated from it
R v Peat?
Returning property stolen does not purge the offence
