1
Q
Is there a definition of the robbery in the Crimes Act?
A
Nope.
2
Q
What is the Common Law definition of robbery?
A
- The stealing or taking from OR
- in the presence of the person;
- ANY property
- with such force OR terror;
- induce party to unwillingly part with their property
3
Q
- What definition does Smith v DESMOND provide for robbery?
A
Aggravated theft, a combination offence of stealing and assault.
4
Q
- What definition of robbery does
R v HICKMAN provide?
A
Principle ingredient man forced to part with property.
Whether terror arises from:
- real or expected violence to the person; OR
- a sense of injury to the character
the law makes no distinction.
5
Q
What are the robbery sections of the Crimes Act?
A
- S94: Robbery/steal from person
- S95: Aggravated robbery
- S96: Aggravated robbery with wounding
- S97(1): Robbery armed or in company
- S97(2): Aggravated robbery armed or in company
- S98: Robbery whilst armed or in company with wounding or GBH
- S99: Demand property with menaces.
- S99:
6
Q
- Can the DPP elect on all S94 offences?
A
Yes.
7
Q
- Where are most aggravated robbery offences dealt with?
A
Strictly indictable. SI robberies are sent to the DPP.
8
Q
- Does the Children’s Court have jurisdiction for robbery?
A
Yes. Except where the penalty is 25 years to life.
So any S94, 95, and S97 matters except where penalty is 25 years or life.
9
Q
- Which robberies are T1 and T2?
A
Table 1
- S94(a) Robbery and assault intent to rob;
- S94(b) Steal from person
Criminal Procedure Act
Table 2 if value $5000 or less
Table 1 if value over $5000;
10
Q
Who deals with robbery offences?
A
Simplicitor is dealt with in the local court.
11
Q
- What is the offence of S94 Robbery/steal from person?
A
- Whosoever,
- Robs OR
- Assaults with intent to rob OR
- Steals any chattel, money or valuable security from the person of another.
12
Q
- What is the penalty for S94 Robbery/Steal from person?
A
Liable to 14 years (Table 1 offence) except where a greater punishment is provided by this act.
13
Q
- What are the proofs of S94 Crimes Act 1900 Robbery?
Hint ppp
Fantastic four
A
- The accused;
- Unlawfully took and carried away;
- Property (being of some value);
- Taken either:
- from the person; OR
- in their presence; OR
- from under their immediate and personal care; - With the intention to permanently deprive;
- Against their will;
- Either by force or instilling fear.
14
Q
- As per R v EMERY does the violence or threat need to coincide with the theft or the attempt?
A
Yes there must be a nexus.
15
Q
- What is the difference between S94(a) robbery and assault with intent to rob?
A
- Violence used with an intention to take away (steal) property
BUT
Not a completed robbery.
16
Q
- What is required for a Steal from person S94(B)?
HINT: Magnum PI need to work out if he’s on the case.
A
There is no physical violence or contact upon the victim BUT
Property taken from:
- Immediate control OR
- Presence of the victim.
17
Q
- Is a S94(B) Crimes Act 1900 a Table 1 or Table 2 offence?
A
Table 1 and Table 2.
18
Q
What constitutes in the immediate control of the person as per R v DELK?
A
Update.
19
Q
- Does the threat need to be only to the victim?
A
No. This can be to a person other than victim.
20
Q
- For a robbery to take place does the violence have to be actual?
A
No. A threat will suffice.
21
Q
- Does fear need to be present?
A
No. For example, when the person is pushed from behind.
22
Q
What is the jurisdiction of S94?
A
Robbery Table 1
Assault Intent to rob Table 1
Steal from person Table 1 (over $5000) or Table 2 (under $5000)
23
Q
What is the meaning of chattel?
A
Different to property.
A thing capable of being taken at Common Law.
24
Q
- What is the defence of claim or right as per R v KASTRATOVIC?
HINT: It is applicable because a proof of robbery etc include the proofs of larceny.
A
Honest claim or right is a complete defence.
If accepted as a reasonable possibility entitles accused to acquittal.
25
* Does Walden v HENSLER state claim of right is a defence?
- Claim of right is relevant;
- Belief must be a legal right not a moral right;
- Not based on mere ignorance of criminal law;
- Claim Of Right relates to property;
- Where the prosecution must prove intent, an inconsistent belief, honestly held will afford a defence.
26
* What is the jurisdiction of a S95 Aggravated Robbery offence?
It is strictly indictable.
27
* What are the circumstances necessary for an aggravated robbery S95 Crimes Act 1900?
HINT: the proofs of robbery plus the person has to do one of the circumstances of aggravation:
EITHER
- At; OR
- Immediately before; OR
- Immediately after the robbery
- uses corporal violence on any person; OR
- intentionally or recklessly inflicts ABH on any person; OR
- deprives any person of their liberty.
28
What is the degree of corporal violence as per R v HARRISON?
Any degree of corporal violence is sufficient.
29
How many aggravating circumstances do you need to rely on?
We can rely on one, or more than one aggravating circumstance.
29
What does immediately mean?
Immediately does not mean the exact time of robbery but so close so as to become one act.
30
What is required for S96 aggravated robbery with wounding?
All the requirements of section 95 PLUS
Wounding or inflicting GBH on any person.
- The requisite mens rea is that required to establish S95;
- It is NOT necessary to prove an intent to wound or GBH.
31
What does wounding mean?
Breaking the skin (the dermis and the epidermis).
That is it must bleed burns may not suffice.
33
Grievous means no more and no less than really serious?
S4 of the Crimes Act 1900 defines grievous bodily harm. What does it state?
(a) the destruction (other medical procedure) of foetus of a pregnant woman, AND
(b) permanent/serious disfiguring of person, AND
(c) any grievous bodily disease.
34
S97(1) - Robbery etc whilst armed or in company.
Being armed with offensive weapon or instrument
OR
Being in company with another person;
- Robs OR
- Assaults with intent to rob any person OR
- Stops any mail, vehicle, railway train, or mail courier, with intent to rob or search the same.
Liable to 20 years.
35
What is the S4 Crimes Act “armed” definition?
Simply put it mean, “In possession of.”
Includes:
- bearing OR
- having immediate physical possession of the weapon OR instrument.
35
What is the jurisdiction for S97(1) - Robbery etc whilst armed or in company?
Strictly indictable.
36
What does Armed mean?
In possession of includes bearing or having immediate physical possession of the weapon or instrument.
Armed with connotes in the possession of but it must be actual and not constructive possession MILLER v HRVOJEVIC.
37
What does MILLER v HRVOJEVIC state about being “armed.”
Must be in possession, must be actual and not constructive possession.
38
How does S4 define Offensive weapon or instrument?
- Dangerous weapon OR
- Anything made or adapted for offensive purposes OR
- Anything used/intended/threatened to be used (whether or not ordinarily used for offensive purposes or is capable of causing harm);
39
According to R v FOSTER concerning S97 Robbery etc whilst armed or in company does the violence or threat need to involve the use of the offensive weapon that the person is armed with?
It may but need not.
40
* S97 Robbery etc whilst armed or in company.
What are the requirements in relation to in company.
MUST:
- be present together; AND
- share a common purpose.
41
* Does it matter if the victim is unaware of the commonality or presence of the other person or persons?
No.
42
* What does R v LEONI state about intent for S97 Robbery etc whilst armed or in company?
Only relevant intent is offender placed himself in position he knew OR expected the victim I would know of his:
* Presence AND
* Ability
To assist in robbery if called upon.
43
Quoting Chief Justice BROUGHAM what does R v LEONI state about the offender who makes his presence known to the victim but does not intend to physically participate?
If the offender makes his presence known to the victim so victim is confronted by the combined force or strength of two or more persons,
That is sufficient even if offender did not intend to physically participate.
44
* However, According to FP V R is common purpose essential?
Yes!
Physical presence and victim being confronted by combined force of more than one person is insufficient: involvement in the common purpose is essential.
45
* How does FP v R change what is required for a common purpose?
Is passive involvement sufficient?
The offence was committed AND
That the co-accused shared a common purpose that this would occur AND
That the applicant was physically present when it occurred such presence being sufficiently proximate IF
(A) it afforded encouragement to the alleged co-offender OR
(B) it operated to intimidate or coerce the complainant
46
What is an aggravated robbery as per S97(2) etc whilst armed or in company?
Aggravated offence is committed if offender is armed with a dangerous weapon not just an offensive weapon or instrument.
47
What does a dangerous weapon mean in relation to S4 Crimes Act 1900?
Dangerous weapon means:
- a firearm;
- a prohibited weapon OR
- a spear gun.
48
What are the requirements of S98 Crimes Act 1900 Robbery etc whilst armed or in company and wounds?
Same requirements of S97 PLUS wounding or inflicting GBH on that (victim) person.
49
What is the jurisdiction of S98 Crimes Act 1900 Robbery etc whilst armed or in company and wounds?
Strictly indictable.
50
What are the elements of S99 Demanding property with intent to steal AKA extortion?
- The accused demanded property front he victim AND
- The demand was accompanied by menaces or by force;
- The accuser intended to steal that property.
51
What is the jurisdiction for S99 Demanding property with intent to steal?
Table 1.
53
Can a demand be words or gestures?
Yes.
54
Can a request imposing conditions be evidence of a demand?
Yes.
55
Can sending a letter be enough to constitute a demand?
Yes.
56
S99 - What does menaces involve?
| HINT: Very, Important, Ass
- Violence (to the person or property)
- Injury
- Accusation
57
S99 What is the test for menaces as per R v CLEAR?
- Of such a nature and extent;
- That the mind of an ordinary person of normal stability and courage;
- Might be influenced or made apprehensive to accede unwillingly to the demand.
58
* ROBBERY v DEMAND PROPERTY
S99 Demand property with intent to steal requires a demand accompanied by a threat or menace.
What does robbery require?
Force or fear.
59
* ROBBERY v DEMAND PROPERTY
| Is there an attempt provision for demand property with menaces as there is for robbery?
No.
60
* In robbery there must be a nexus between the threat and the passing of property. That is the force or fear must result in the property being handed over then and there.
Is this the case for demand money with menaces?
No.
Property can be received at some other time concerning demand property with menaces.
It may not exchange at all.
61
* ROBBERY v DEMAND PROPERTY
S94 Robbery concerns stealing chattels, money, or valuable security is that the same for demand property?
No, for demand property it is “property.”
62
* ROBBERY v DEMAND PROPERTY
What else is demand property with menaces called?
Extortion.
The victim is not completely overpowered as in robbery because the victim may be able to seek assistance between the threat and handing over the property.
63
Does Hamze v R allow in company to be counted as an aggravating circumstance for the charge of S97 Robbery in Company?
Aggravated circumstances generally can’t be double counted in charge and under S21A BUT may if such as in company with multiple people more than a few.
64
* ROBBERY v DEMAND PROPERTY
In a robbery the force or fear must result in the property being handed subject of the charge being handed over then and there. Does this apply to demand property with menaces?
No. There is no requirement for any passing of possession or property.
65
What does the guideline judgement of R v Henry state in relation to S97 Armed Robbery?
Excessive finding of exceptional circumstances warranting the imposition of non-custodial sentence.
To remedy the inconsistency in sentencing practice and systematic excessive leniency in the level of sentences.
66
What is a S96 offence?
Aggravated robbery with wounding.
S95 plus wounding.
Good news no need to prove intent to wound it GBH.
Robbery
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