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LWB238 - Wk5 - Robbery

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Robbery (Alternative verdict could be stealing: s575; Spratt) Definition/Punishment: WRITE: Robbery is defined in s409 CC as simply stealing with an element of real or threatened actual violence to a person or property, to either obtain or prevent or overcome resistance to its being stolen. It is punished under s411 and is for 14 years imprisonment, unless aggravated under s411(2). Include aggravation if applicable. Aggravated: S411(2):  If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or • Bludgeons, clubs, and anything not in common use for any other purpose than a weapon: Hutchinson • Capable of being used for offensive purposes even though it is also capable of being used for innocent purposes, if the jury find that the intention was to use such an object for offensive purposes. (e.g. Pitchfork: Sutton, Walking Stick: Williams). • Person carrying such an object for an innocent purpose is not ‘armed’ with an offensive weapon: Turner  If in the company with 1 or more other person or persons, or • Not necessary that one or more other participants be physically present for the common purpose of robbing, or assaulting with intent, and of physically participating if required: Brougham • If the offender makes his presence known to the victim, so that the victim is confronted with the combined force or strength of two or more persons, that will amount robbery “in company” even if the offender did not intend to physically participate if required: Leoni • It is possible for two persons to commit a robbery jointly without being in company: Wisher • Physical presence of another is required for an alleged crime to be committed “in company”. Test is whether such a proximity between co-defendants to enable the inference that the coercive of the group operated, either to embolden or reassure the offender in committing the crime, or to intimidate the victim into submission: Button  At or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person • Personal Violence = where person actually inflicts violence physically; not where actual violence is threatened: De Simoni. Then life imprisonment, and (must be charged on indictment: Johnson) Has [accused] committed robbery? Has [accused] committed stealing? GO TO OUTLINE FOR STEALING Has there been actual violence (or threats) to person or property? WRITE: Here [accused] threatened/committed an act of actual violence, [facts], to person/property [facts]. Use factors below as required. • Smallest amount of violence will suffice, but not where victim is unconscious or non-resisting: Jerome & McMahon (Removal of shoes from an unconscious person, not actu
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