Liability 234(1)

Question 1

Robbery

Section and Penalty

Answer 1

Section 234(1) Crimes Act 1961

10 Years Imprisonment

Question 2

Robbery

Ingredients

Answer 2

.1 Theft

.2 Accompanied by violence
OR
Threats of violence

.3 To any person
OR
Property

.4 Used to extort the property stolen
OR
To prevent or overcome resistance to it being stolen

Question 3

.1 Theft

Answer 3

Theft:
- Dishonestly
- And without claim of right,
- Takes any property with intent to deprive any owner permanently of that property
- Or of any interest in that property.
Sec. 219(1), Crimes Act 1961

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Larceny is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.
R v Skivington

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Property:
Includes any real or personal property, any estate, interest, money, electricity, debt, any thing in action and any other rights and interest.
Sec. 2, Crimes Act 1961.

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Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
R v Lapier

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Possession can be actual or potential.

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Possession involves two elements. The first is the physical element, is actual or potential physical custody or control. The second is the mental element, is a combination of knowledge and intent. Knowledge in the sense of an awareness by the accused that the substance is in his possession, together with an intention to exercise possession.
R v Cox

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Actual possession:
When the thing in question is in a person’s physical custody or control.

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Potential possession:
When the person has the potential to hear the thing in question in their control. Eg stored at associate’s address.

Question 4

.2 Accompanied by violence

OR

Threats of violence

Answer 4

Accompanied by:
prosecution must prove:
- A connection between the violence or threats of violence and the stealing of the property.
- The defendant had an intent to steal at the time the violence or threats were used.
- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen.

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It is implicit in accompany that there must be a link between the act of stealing and a threat of violence. Both must be present. However, the term does not require that the act of stealing and the threat of violence be contemporaneous.
R v Maihi

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Violence:
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.

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It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible, powerful or violent action producing a powerful effect tending to cause bodily injury or discomfort.
Peneha v Police

OR

Threats of Violence
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.

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Threats may also be conveyed by inference through the defendant’s conduct, demeanour or even appearance, depending on the circumstances.

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A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be converted by words or conduct or a combination of both.
R v Broughton

Question 5

.3 To any person

OR

Property

Answer 5

Person:
Gender neutral, proven by judicial notice or circumstantial evidence.

Violence or threats can be directed at any person not just the victim and any property or interest.

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Property:
Includes any real or personal property, any estate, interest, money, electricity, debt, any thing in action and any other rights and interest.
Sec. 2, Crimes Act 1961.

Question 6

.4 Used to extort the property stolen

OR

To prevent or overcome resistance to it being stolen

Answer 6

Extort:
To extort means to obtain by coercion or intimidation.

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

OR

Prevent:
To keep from happening.

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Overcome resistance:
To defeat, prevail over, get the better of in a conflict.