What is the legislation for robbery (s234)?
1.Robbery is 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.
What are the elements of theft?
- Dishonestly
- Without claim of right
- Takes any property
- With intent to deprive owner permanently of that property
Define dishonestly
where there is no express or implied consent given from a person entitled to give such consent or authority.
Define claim of right
A belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed
What is a defence to robbery? What is the case law?
(R v Skivington)
Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.
When is a robbery deemed to be complete? What is the case law?
(R v Lapier)
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
What is held regarding possession? What is the case law?
(R v Cox)
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention; knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
What must be proved for robbery to have occurred as opposed to theft? What is the case law?
(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.
What is the case law regarding violence with respect to robbery?
(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.
What is held regarding threats of violence?
this 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.
What is meant by extort?
to obtain by violence, coercion or intimidation. Extortion implies an overbearing of the will to the victim.
What is the legislation for aggravated robbery (s235)?
- Everyone is liable to imprisonment for a term not exceeding 14 years who –
a. Robs any person and, at the time of, or immediately before or immediately after, the robbery, causes GBH to any person; or
b. Being together with any other person or persons, robs any person; or
c. Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.
what are the elements of agg robbery?
- Being together with any other person/s / armed with offensive weapon
- Robs
- Any person
what is the case law regarding GBH?
(DPP v Smith)
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
What is the case law regarding “physical proximity”?
(R v Joyce)
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
What is the case law regarding “joint enterprise”/ together with?
R v Galey
“Being together” in the context of s235(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.
What fits within the definition of an offensive weapon?
made, altered, or intended.
What is the legislation for Assault with Intent to Rob (s236)?
- Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person, -
a. Causes GBH to that person or any other person; or
b. Being armed with an offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
c. Being together with any other person or persons, assaults that person or any other person. - Everyone who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.
what is the legislation for blackmail (s237)?
- Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (living or dead), or to cause serious damage to property or endanger the safety of any person with intent –
a. To cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
b. To obtain any benefit or to cause loss to any other person.
what is the definition of benefit?
any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
what is the definition of accusation?
normally refers to an allegation that the defendant person is guilty of criminal conduct. It is immaterial whether the substance of the accusation is true or false.
what is the definition of disclosure?
is not limited to specific allegations or accusations, and includes the revelation of information which may lead others to begin an investigation from which charges may ensue. It extends to revelation of information which does not relate to illegal conduct but is nevertheless something which would cause serious embarrassment or emotional distress. The
what is a defence for blackmail?
s237(2) provides a defence for blackmail. An accused can avoid liability if the threat, in the circumstances, is a reasonable and proper means for effecting his purpose. It will be for the jury to determine whether the means were reasonable and proper.
what is the legislation for demanding with intent to steal (s239)?
- Everyone is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
- Everyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.
