Definitions / discussions

Question 1

THEFT s219(1) Crimes Act 1961

Answer 1

Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 2

PROPERTY s2 Crimes Act 1961

Answer 2

Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.

Question 3

ASSAULT s2 Crimes Act 1961

Answer 3

Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.

Question 4

INTENT (Robbery)

Inferred

Answer 4

Circumstantial evidence from which an offender’s intent may be inferred can include:

• the offender’s actions and words before, during and after the event
• the surrounding circumstances the nature of the act itself.

Question 5

VIOLENCE

Answer 5

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Question 6

THREAT OF VIOLENCE

Answer 6

A “threat” is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.
However threats may also conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

Question 7

EXTORT

Answer 7

To “extort” means “to obtain by coercion or intimidation.”

Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

Question 8

PREVENT

Answer 8

To “prevent” means “to keep from happening.”

Question 9

OVERCOME

Answer 9

To “overcome” means “to defeat; to prevail over; to get the better of in a conflict.”

Question 10

ROBS Robbery, 234(1), CA 61

Answer 10

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.

Question 11

CAUSES GBH

Answer 11

Causes - Actions that make a person criminally responsible for it.
GBH: - Grievous bodily harm can be defined simply as “harm that is really serious.”

Question 12

PERSON

Answer 12

Proven by judicial notice or by circumstantial evidence. Gender Neutral.

Question 13

AT THE TIME … etc

Answer 13

During the commission of the theft, at the time of taking with the required intent, or
Immediately before - the connection in time before the taking, or
Immediately after - the connection in time after the taking

Question 14

BEING TOGETHER WITH

Answer 14

Two or more persons must be physically present and share intent to rob. Acting in concert with either the theft, violence or both

Question 15

BEING ARMED WITH

Answer 15

Means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 16

OFFENSIVE WEAPON - s202A Crimes Act 1961

Shortened Def

Answer 16

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 17

INSTRUMENT

Answer 17

The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 18

ANYTHING APPEARING ETC

Answer 18

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.