Robbery

Question 1

Robbery

Section, Act.

Ingredients

Answer 1

Robbery

Section 234(1),

Crimes Act 1961

10 years imprisonment.

Ingredients

1. Theft

2. Accompanied by violence Or Threats of violence

3. To any person Or Property

4. Used to extort the property stolen

Or

Prevent or overcome resistance to it being stolen

Question 2

Robbery

Section 234(1), Crimes Act 1961

10 years imprisonment.

With the Ingredients, list the titles of definitions** and **case law

Answer 2

1. Theft

Theft, S219(1) Crimes Act 1961

R v Skivington

Rv Lapier

Possession

Actual Possession

Ideal Possession; Warner v Metropolitan Police Commissioner

Or

Constructive Possession

2. Accompanied by violence

Accompanied by

R v Maihi

Violence

Peneha v Police

Or Threats of violence

Threats of violence

R v Broughton

3. To any person Or Property

To any person

or

Property S.2 Cromes act 1961

4. Used to extort the property stolen

Extort

Property S.2 Crimes act 1961

Or

Prevent or overcome resistance to it being stolen

Prevent

Overcome resistance.

Question 3

Aggravated Robbery, (GBH),

Section, Act, Imprisonment

Ingredients

Answer 3

Aggravated Robbery, (GBH),

Section 235(a)

Crimes Act 1961,

14 years imprissoonment

Ingredients

1. Robs any person

2. And at the time of

Or

immediately before

Or

immediately after the robbery

3. Causes GBH to any person

Question 4

Aggravated Robbery, (GBH),

Section 235(a) Crimes Act 1961,

14 years imprissoonment

List the Ingredients along with titles of definitions and case law

Answer 4

Aggravated Robbery, (GBH),

Section 235(a) Crimes Act 1961,

14 years imprissoonment

Ingredients

1. Robs any person

Robbery, S 234(1) Crimes Act 1061

Person

2. And at the time of

At the time of

Or

immediately before

Immediately before

Or

immediately after the robbery

Immediately after

3. Causes GBH to any person

Grievous bodily harm

DPP v Smith

Person

Question 5

Aggravated Robbery, (together with)

Act, Section, imprisonment

ingredients

Answer 5

Aggravated Robbery, (together with)

Section 235(b),

Crimes Act 1961

14 years imprisonment

Ingredients

1. Being together with any other person or persons

2. Robs

3. Any person

Question 6

Aggravated Robbery, (together with)

Section 235(b),Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

Answer 6

Aggravated Robbery, (together with)

Section 235(b), Crimes Act 1961

14 years imprisonment

Ingredients

1. Being together with any other person or persons

Being together with

R v Galey

R v Joyce

2. Robs

Robbery S.234(1) Crimes act 1961

3. Any person

Person

Question 7

Aggravated Robbery, (with a weapon)

Act, Section.imprisonment

ingredients

Answer 7

Aggravated Robbery, (with a weapon)

Section 235(c)

Crimes Act 1961

14 years imprisonment

Ingredients

1. Being armed with any offensive weapon

OR

instrument

OR

anything appearing to be such a weapon or instrument

2. Robs

3. Any Person

Question 8

Aggravated Robbery, (with a weapon)

Section 235(c) Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

Answer 8

Aggravated Robbery, (with a weapon)

Section 235(c) Crimes Act 1961

14 years imprisonment

Ingredients

1. Being armed with any offensive weapon

Being armed with

Offensive weapon S.202A(1) Crimes Act 1961

OR instrument

Instrument

OR anything appearing to be such a weapon or instrument

anything appearing to be such a weapon or instrument

2. Robs

Robbery S234(1) Crimes act 1961

3. Any Person

Person

Question 9

Assault with Intent to Rob. (GBH)

Act, Section.imprisonment

ingredients

Answer 9

Assault with Intent to Rob. (GBH)

Section 236(1)(a)

Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person

2. Causes GBH

3. to that person or any other person

Question 10

Assault with Intent to Rob. (GBH)

Section 236(1)(a) Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

Answer 10

Assault with Intent to Rob. (GBH)

Section 236(1)(a) Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person

Intent

R v Mohan

R v Waaka

Robbery 234(1) Crimes act 1961

person

2. Causes GBH

GBH

DPP v Smith

3. to that person or any other person

Person

Question 11

Assault with Intent to Rob (Weapon)

Act, Section.imprisonment

ingredients

Answer 11

Assault with Intent to Rob (Weapon)

Section 236(1)(b)

Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person:

2. Being armed with any offensive weapon

or

instrument

or

anything appearing to be such a weapon or instrument

3. Assaults that person or any other person

Question 12

Assault with Intent to Rob (Weapon)

Section 236(1)(b) Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

Answer 12

Assault with Intent to Rob (Weapon)

Section 236(1)(b) Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person:

Intent

R v Mohan

R v Waaka

Robbery 234(1) Crimes Act 1961

person

2. Being armed with any offensive weapon

Being armed with

Offensive weapon S.202A(1) Crimes act 1961

or instrument

Instrument

or anything appearing to be such a weapon or instrument

anything appearing to be such a weapon or instrument

3. Assaults that person or any other person

Assault S.2 Crimes act 1961

Person

Question 13

Assault with Intent to Rob (together with)

Act, Section.imprisonment

ingredients

Answer 13

Assault with Intent to Rob (together with)

Section 236(1)(c)

Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person:

2. Being together with any other person or persons

3. Assaults that person or any other person

Question 14

Assault with Intent to Rob (together with)

Section 236(1)(c) Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

Answer 14

Assault with Intent to Rob (together with)

Section 236(1)(c) Crimes Act 1961

14 years imprisonment

Ingredients

1. With Intent to Rob any person:

Intent

R v Mohan

R v Waaka

Robery 234(1) Crimes act 1961

Person

2. Being together with any other person or persons

Being together with

R v Joyce

3. Assaults that person or any other person

Assault S.2 Crimes act 1961

Person

Question 15

Define Theft in relation to robbery

and

relevant case law

Answer 15

Theft:

Sec.219(1) , Crime Act 1961

• Dishonestly
• and without claim of right,
• taking any property with intent to deprive any owner permanently of that property
• or of any interest in that property.

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 momentarily

Question 16

Define and explain possession in relation to theft in robbery

Answer 16

Possession may be actual or constructive

Actual Possession:

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Ideal Possession: (Actual)

Warner v Metropolitan Police Commissioner

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

• Complete physical control over it
• Knowledge of its existence, its situation and its qualities Constructive Possession:

Constructive possession

arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 17

Define Accompanied by and relevant case law in relation to Robbery 234(1).

Answer 17

Accompanied by:

The prosecution must prove: a connection between the violence or threats of violence and the stealing of the property.

• the defendant had an intent to steal at the time the violence or threats were used
• the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen

R v Maihi

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous …”

Question 18

Define Violence and case law in relation to Robbery 234(1)

Answer 18

Violence:

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.

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.”

Question 19

Define threats of violence and case law in relation to Robbery 234(1)

Answer 19

Threats of violence:

A “threat” is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.

Threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

R v Broughton [1986] 1 NZLR 641

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.”

Question 20

Define “To any person”

Answer 20

To any person:

Gender neutral. Proven by judicial notice or circumstantially.

Violence or threats can be directed at any person not just the victim and any property or interest.

Question 21

Define property

Answer 21

Property: Sec. 2, Crimes act 1961

Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 22

In Robbery 234(1)

“Used to extort the property stolen”

Define Extort

Answer 22

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

Question 23

In Robbery 234(1)

“Prevent or overcome resistance to it being stolen”

Define “Prevent”

Answer 23

Prevent

“to keep from happening.”

Question 24

In Robbery 234(1)

“Prevent or overcome resistance to it being stolen”

Define “overcome resistance”

Answer 24

Overcome resistance

“to defeat; to prevail over; to get the better of in a conflict.”

Question 25

The ingredient "**Robs any person**" what definations are needed?

Answer 25

**Robbery:** Sec. **234(1)**, Crimes Act 1961 * Theft * accompanied by violence or threats of violence, * to any person or property, * used to extort the property stolen or to prevent or overcome resistance to its being stolen. **Person**: Gender neutral. Proven by judicial notice or circumstantially

Question 26

In **_Aggrivated Robbery (GBH) 235(a_**) Crimes Act 1961 Explain the terms **_And at the time of_** **or** **_immediately before_** **or** **_immediately after the robbery_**

Answer 26

**At the time of**: During the commission of the theft, at the time of taking with the required intent. **OR** **Immediately before** Refers to the connection in time between the robbery and the infliction of grievous bodily harm. **OR** **Immediately after** Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

Question 27

in **Aggrivated Robbery (GBH) 235(a)** and **Assault with intent to rob236(1)(a)** Define "**Causes GBH to any person**" including case law

Answer 27

**Grievous Bodily Harm:** Grievous bodily harm can be defined simply as “harm that is really serious.” **DPP v Smith** “Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.” Person: Any Person: Gender neutral. Proven by judicial notice or circumstantially

Question 28

In **Aggravated Robbery ( together with) 235(b)** Define: **Being together with any other person or persons** Including the two case law

Answer 28

**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 Galey** “Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.” **R v Joyce** 'Being together' require two or more people acting (physically present together) in the commission of an offence.

Question 29

In **Aggravated Robbery 235(c)** and **Assault with intent to rob 236(1)(b)** Define the two parts of "**Being _armed_ with any _offensive weapon_**"

Answer 29

**Being armed with**: The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon. **Offensive weapon - Sec. 202A(1)**, **Crimes Act 1961** Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 30

In **Aggravated Robbery 235(c)** and **Assault with intent to Rob 236(1)(b)** Define "**instrument**"

Answer 30

**Instrument:** The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 31

In **Aggravated Robbery 235(c)** and **Assault with intent to Rob 236(1)(b)** Define: **anything appearing to be such a weapon or instrument**

Answer 31

**_Any thing appearing to be such a weapon or instrument_** It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

Question 32

In **_Assault with intent to rob_**, Sections **236(1)(a),** Section **236(1)(b)** section **236(1)(c)** Define the **3** partsof :**With _Intent_ to _Rob_ any _person_**"

Answer 32

**Intent:** A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it. **R v Mohan** A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence… **R v Waaka** A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act. **Robbery**: **Sec. 234(1), Crimes Act 1961** * Theft * accompanied by violence or threats of violence, to any person or property, • used to extort the property stolen or to prevent or overcome resistance to its being stolen. **Person:** Gender neutral. Proven circumstantially or by judicial notice.

Question 33

Define **Assault**

Answer 33

**Assault: Sec. 2, 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; and to assault has a corresponding meaning.

Question 34

in **Assault with Intent to Rob Section 236(1)(c)** Crimes Act 1961 Define the **definition** and one **case law** in "**Being together with any other person or persons**"

Answer 34

**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** 'Being together' require two or more people acting (physically present together) in the commission of an offence.