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New Zealand Police v MC [2017] NZYC 489

Published 18 September 2018

Criminal intent — definition of robbery — amendment of charge — assault to facilitate flight — robbery — R v Hale (1978) 68 Cr App R 415 — R v Maihi [1993] 2 NZLR 139 — R v Hita HC Auckland CRI-2006-055-1076 — Newell v R 2007 NLCA 9 — McKay v R 2014 SKCA 19 — Criminal Procedure Act 2011, s 136. The court was required to determine whether the facts supported a finding that the young person and another were involved in a robbery, specifically, whether violence was "used to prevent or overcome resistance" to goods being stolen. The facts of the offending were that the young person and another entered a liquor store and removed bottles from the shelves. Requests by employees of the store that the young people remove their hoods and provide identification were ignored. The young people, having acquired the bottles, headed towards the exit and were blocked from leaving by staff at which point violence was used in an attempt to leave the liquor store. The court noted that violence must be used to facilitate escape, and must be present as more than just a mere accompaniment to the theft. With reference to New Zealand and Canadian authorities, the court identified that the violence involved was used after the theft had been achieved as the act of "theft" had been achieved when the young person walked towards the door of the liquor shop. Having found that it was not able to be established on the facts that a "robbery" had taken place, the court exercised it's ability under s 136 of the Criminal Procedure Act to amend the charge of "robbery" to "assault to facilitate flight". Judgment Date: 10 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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