OF03 ROBBERY Flashcards

1
Q

What section is robery found in?

A

section 234 of the Crimes Act 1961.

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2
Q

What are the elements of robbery?

A

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

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3
Q

Accompanied by violence or threats of violence definition?

A

Violence before or at the time of the theft

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

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4
Q

To any person definition

A

The person who has been threatened with violence

the person who had violence used against them.

Can be any person with relevance to the victim

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5
Q

To any property definition?

A

The property that has been threatened with violence

the property that had violence used against it

Can be any property with relevance to the victim

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6
Q

Used to extort the property stolen deffinition

A

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

to obtain by violence or intimidation, or to extract forcibly.

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7
Q

To prevent or overcome
resistance to the
property being stolen definition

A

The property is taken by the offender after any resistance

to its taking has been prevented or overcome.

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8
Q

What charge could be used if threats or violence are used but no property is stolen?

A

Assault with intent to rob S236
OR
Demanding with intent to steal S239

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9
Q

Why is intent to steal important?

A

The intent to steal must exist at the time the violence is used or the threats are
made. The intent to steal cannot be an afterthought after the act of violence.

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10
Q

What section is Agrivated robbery?

A

section 235 of the Crimes Act

1961

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