Offence of Robbery Notes PDF

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The offence of robbery notes extracted from material...

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Robbery

^ R v Henry (1999) 46 NSWLR 346, [162] (Spigelman CJ)

Robbery:

Taking & carrying away

C

Crimes Act 1900 (NSW) s 94

Something capable of being stolen

s

Intention to permanently deprive the true owner of the property in the thing

From the person of another Against the will of the person Either by force or by putting the person in fear

Without an honest claim of right

Larceny:

Taking & carrying away

Rv Ilich

S117 Crimes Act (penalty)

Conduct: From the person of another From the person of another

Conduct Something capable of being stolen In someone’s possession (whether or not the owner) Without the consent of the person in possession

Intention to permanently deprive the true owner of the property in the thing

Elements Without an honest claim of right

Dishonestly

or In his or her presence or From under his or her immediate and personal care and protection If someone had a number of chattels in his immediate care and protection and was then overpowered and was taken some distance away and was then left bound, gagged and blindfolded it would still be robbery even though at the actual moment when the chattels were taken away he could neither hear anything nor see anything, and even though the actual removal of the chattels only took place sometime later than the initial application of the force. Smith v Desmond [1965] AC 960, 985 (Lord Morris)

Conduct: By force or by putting in fear The true definition of 'robbery' is the stealing or taking from the person … of property of any amount, with such a degree of force or terror, as to induce the party unwillingly to part with his property: R v Hickman (1784) 1 Leach 278; 168 ER 241. The force or threat of force can be directed towards a third party [T]he force used must be … of such a nature as to shew that it was intended to overpower the party robbed, and prevent his resisting, and not merely to get possession of the property stolen: R v Gnosil (1824) 1 Car & P 304; 171 ER 1206. The force and the stealing must coincide. It is not sufficient if there was violence or threat thereof made after the property was taken: R v Foster (1995) 78 A Crim R 517. There must be an intention to steal at the time the force is used or before. If the accused forms an intention to steal only after force is used, there is no robbery: R v Emery (1975) 11 SASR 169, 173 (Bray CJ).

Steal from a person:

Crimes Act 1900 (NSW)

away Something capable of being stolen

permanently deprive the true owner of the property in the thing

From the person of another

s 94

Without an honest claim of right Without consent

Conduct: taking and carrying away The property must be completely detached from the person of the victim: R v Thompson (1825) 1 Mood CC 78; 168 ER 1192. Conduct: From the person of another … the crime of stealing from the person involves a personal confrontation and the potential for personal conflict and force or fear, particularly if the victim endeavours to stop the theft. In such circumstances it matters not whether the property stolen is on the person of the victim or in his immediate presence. It is unnecessary in this case to elaborate on what satisfies the requirement of the person's immediate presence. It certainly embraces a case such as this where the victim is standing beside the property guarding it. R v Delk (1999) 46 NSWLR 340, [15] (Smart AJ)....