OF03 Dishonesty Offences Robbery and Receiving

Question 1

What is robbery?

Answer 1

Robbery is;
Theft

Accompanied by violence
or
Threats of violence,

To any person
or
To any property,

Used to extort the property stolen
or
To prevent or overcome resistance to its being stolen

Question 2

What is the punishment for robbery?

Answer 2

term of imprisonment not exceeding 10 years

Question 3

What is the act and section for robbery?

Answer 3

Crimes Act 1961 Section 234 (1) & (2)

Question 4

What are the elements of Robbery?

Answer 4

Theft

Accompanied by violence
OR
Accompanied by threats of violence

To any person
OR
To any property

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

Question 5

What is the definition of theft?

Answer 5

Theft is complete when:
Dishonestly
without claim of right
Takes
Any property
Without the intent to permanently deprive any owner of that property
OR To deprive any owner permanently of any interest in that property

Question 6

What is the definition of:
“accompanied by violence”
OR
“threats of violence”

Answer 6

Violence before or at the time of the theft

OR

Threats of violence before or at the time the time of the theft, demonstrated by conduct or words

Question 7

What is the definition of:
To any person
OR
To any property

Answer 7

The person who has been threatened with violence
OR
the person who had violence used against them

the property that has been threatened with violence
OR
the property that had violence used against it

Question 8

Define:
used to extort the property stolen
OR
to prevent or overcome resistance to the property being stolen

Answer 8

the violence or threats used by the offender are sufficient to cause the person to hand over the property against their will

OR

The property is taken by the offender after any resistance to its taking has been prevented or overcome

Question 9

What is Section 236 of the Crimes Act 1961?

Answer 9

Assault with Intent to Rob

if the intention was there to rob but it didn’t happen then can charge with this (eg didnt have any money on them)

Question 10

What is Section 239(2) of the Crimes Act?

Answer 10

Demanding with Intent to Steal

With menaces or by any other threat demands any property from any person with the intent to steal it

carries a penalty of 7 years

Question 11

what is the definition of “Violence”

Answer 11

means the unlawful exercise of physical force

Question 12

What is the definition of:

used to extort property

Answer 12

extort means to obtain by violence or intimidation, or to extract forcibly against their will

Question 13

What is the definition of:

Intent to steal (in relation to robbery)

Answer 13

the intent to steal must exist at the time the violence/threats of violence are made.

Question 14

What is Section 235 of the Crimes Act 1961?

Answer 14

Aggravated Robbery

is when:
a person robs any person, and at the time, before or after the robbery, causes grievous bodily harm to any person
or
being together with any other person or persons, robs any person
or
a person armed with an offensive weapon or instrument, robs any person

The penalty is 14 years

Question 15

What is Section 246(1) of the Crimes Act 1961?

Answer 15

Receiving

Question 16

What are the elements of Receiving

Answer 16

Receives

Any property stolen
OR
Any property obtained by any other imprisonable offence

Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained

Question 17

Define:

Receives

Answer 17

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Question 18

Define;

Any property stolen
OR
Any property obtained by any other imprisonable offence

Answer 18

anything whatsoever, whether tangible or intangible that is the property of another person, has value and has been stolen (theft)

OR

Anything whatsoever, whether tangible or intangible that is the property of another person, has value, and has been obtained by an imprisonable offence other than theft

Question 19

Knowing that property to have been stolen or so obtained

OR

being reckless as to whether the property had been stolen or so obtained

Answer 19

believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence

OR

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence

Question 20

Define:

Possession and Control

the 4 A’s

Answer 20

Possession in terms of receiving needs 4 parts:

Awareness that the item is where it is;
Awareness that the item has been stolen;
Actual or potential control of the item; and
An intention to exercise that control over the item

Question 21

What are the penalties for Receiving?

Answer 21

Section 247 of the Crimes Act 1961

(a) if value of property received exceeds $1000, to term of imprisonment not exceeding 7 years
(b) if value exceeds $500 but is under $1000 to imprisonment for term not exceeding 1 year
(c) if value of property does not exceed $500, to term of imprisonment not exceeding 3 months

Question 22

What is guilty knowledge?

Answer 22

Guilty knowledge on the part of the receiver is essential to prove receiving:

Direct evidence
- eg evidence given by thief

Circumstantial evidence:

• the receiver purchased property at gross undervalue
• suspicious circumstances around acquisition of property
• nature or amount of property causes suspicion
• receiver falsely denies having possession of the property
• receiver concealed property so it could not be found
• receivers general conduct in relation to the property

Question 23

what is the “Doctrine of Recent Possession”?

Answer 23

The recent possession of stolen property is sufficient evidence
to justify a finding that the possessor is either a thief or dishonest receiver

Question 24

what are the timeframes imposed by the courts for ‘recent possession?

Answer 24

stolen car - 3 months

axe and tools - 3 months

sheep - a few days after the theft