OF03 ROBBERY Flashcards
What section is robery found in?
section 234 of the Crimes Act 1961.
What are the elements of robbery?
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
Accompanied by violence or threats of violence definition?
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.
To any person definition
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
To any property definition?
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
Used to extort the property stolen deffinition
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.
To prevent or overcome
resistance to the
property being stolen definition
The property is taken by the offender after any resistance
to its taking has been prevented or overcome.
What charge could be used if threats or violence are used but no property is stolen?
Assault with intent to rob S236
OR
Demanding with intent to steal S239
Why is intent to steal important?
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.
What section is Agrivated robbery?
section 235 of the Crimes Act
1961