OF03 Robbery Flashcards
What are the elements of Robbery S234 CA1961?
- 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
What are the added elements for aggravated robbery? S235 CA1961
- at the time, before or after robbery, causes grievous bodily harm to any person
- being together with any other person/s while committing robbery
- a person armed with an offensive weapon or instrument
Penalty -
- 14 years
What is Assault with intent to rob? S236 CA1961
Where any person assaults another person with the intent to rob them but no theft takes place.
Penalties
- 14 years if one or more aggravating factors are present
- 7 years if no aggravating factors
What is Demanding with intent to steal? S239(2) CA1961
Who, with menaces or by threats, demands any property from any persons with intent to steal it.
Penalty -
- 7 years
What does theft mean? In relation to robbery.
The elements of theft must be proved S219 CA1961
What does violence mean?
More than a minimal degree of force. A struggle or injury would constitute violence.
What does accompanied by violence mean?
Violence before or at the time of theft.
What does accompanied by threats of violence mean?
There must be an actual threat of violence by words or conduct. Not just fear.
What does to any person or to any property mean? In term of robbery.
Any person includes the person being robbed and also any other person.
Violence can be directed towards property of the person being extorted.
What does used to extort the property mean?
Obtain by violence or intimidation, or to extract forcibly.
What does to prevent or overcome resistance to the property being stolen mean?
This normally applies where violence, rather than the threat is used.
What does intent to steal mean?
Must exist at the time of violence, not an afterthought after the act of violence.
What is the penalty for Robbery S234 CA1961
10 years imprisonment
