DEFINITION: WOCR
Without claim of right
No belief of a right to own or control something.
COR
belief of a right to own or control something. Whether mistaken or though ignorance. As long as the belief is held. Does not have to be a reasonable belief
DEFINITION: RTS
Relation to scenario
DEFINITON: Person
Use in liability writing
“Jason is another person and the victim of assault in this matter”
Bob is another person and the victim of robbery in this matter”
Is there an attempted robbery?
No.
Attempted theft etc.
CASELAW: R v MAIHI
MAIHI is linked to Robbery as ARCHER is to Arson
“Accompany” means there must be a clear link nexus between the stealing and the threat of violence. Does not require they both occur at the same time.
I can threaten you today that I will be back tomorrow to steal the goods
CASELAW: R v BROUGHTON
Robbery
He BROUGHT his friends
When neither the act of violence nor the threat have been completed. More around the demeanour and circumstances communicating the threat.
Offender and friends surround victim and say “I like your jacket”
To extort the jacket
CASELAW: R v JOYCE
Robery proximity
The crown must establish that at least 2 persons were physically present at the time the robbery was committed or the assault occurred
CASELAW: R v GALEY
Intentionally Being gay with another person while robbing
“Being together” involves two or more persons having the common intention to use their combined force with in any event, or as circumstances may require, directly in the perpetration of the crime
CASELAW: PENEHA v Police
Robbery
Violence
PENE HARD (powerful) punch.
234(1) The actions of the defendant forcibly interfere with the freedom or amount to forcible, powerful or violent action producing a very marked or powerful effect, causing discomfort or bodily injury
S236(1) Assault with intent to Rob
Elements
With intent to Rob any person
- Causes GBH to that person or (a)ny other person, or
- (b)eing armed with any offensive weapon or instrument, or any other thing appearing to be such a weapon or instrument
- assaults that person or any other person, or
- being [(c)ozy] together with another person or persons
- assaults that person or any other person
Assault with intent to rob. Does the person need to be robbed?
No. The theft need not be completed. Only the intent and the action require proving. Mens Rea & Actus Rea
Eg. Offender smacked victim with a hammer to steal their phone. Phone gets dropped, broken and not taken by offender.
Intent. Assault complete. Robbery not.
DEFINITION: Offensive weapons or disabling substances
S202A
Items made for the purpose of causing injury
Items made for innocent purpose but altered to cause injury
Items carried for the purpose of inflicting injury - prima facie
ELEMENTS: Robbery
234(1)
theft
accompanied by violence or threats of violence.
To any person or property
Used to extort the property stolen, or to prevent/overcome resistance to its being stolen
Who or what can violence during a robbery be directed at?
Violence can be directed towards any person or property.
What is the purpose of violence in the context of robbery?
The violence is used to extort the property stolen or to prevent or overcome resistance to its being stolen.
Fill in the blank: Robbery is theft accompanied by _______ or accompanied by threats of ______.
[violence]
True or False: Robbery only involves threats of violence, not actual violence.
False
What does the term ‘theft’ refer to in the context of robbery?
The unlawful taking of someone else’s property with the intent to permanently deprive them of it.
LEGISLATION: Ag Rob (b)
S235 Chanel 5 custers
(b)eing together with any other person or persons
Robs
Any person
LEGISLATION: Crimes act 235(a) - Ag Rob
Robs any person
At the time, or immediately before/after the robbery,
Causes GBH
To any person
LEGISLATION: ag Rob (c)
Being armed [(c)arrying] with an offensive weapon/instrument, or anything appearing to be as such
Robs
any other person
LEGISLATION: assault with intent to rob
236(11)(a)
that
With intent to rob (a)ny person
Causes GBH to that person or any other person
LEGISLATION: Assault with intent to rob (b)
that
With intent to rob any person
(b)eing armed with any offensive weapon/instrument or anything appearing to be an offensive weapon/instrument
Assaults that person any other person
LEGISLATION: assault with intent to Rob (c)
that
With intent to rob any person
Being together with any other person or persons
Assaults that person or any other person
