OF03 Robbery

Question 1

What are the elements of robbery?

Answer 1

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 2

Theft; proven by

Answer 2

Dishonestly
without claim of right
takes
any property
with intent to deprive any owner permanently of that property
OR
with intent to deprive any owner of any interest in that property

Theft is complete when……

Question 3

Accompanied by violence; proven by

Answer 3

Violence before or at the time of the theft.

Question 4

Accompanied by threats

of violence; proven by

Answer 4

Threat of violence before or at the time of the theft,

demonstrated by conduct or words.

Question 5

To any person; proven by

Answer 5

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

Question 6

To any property; proven by

Answer 6

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

Question 7

Used to extort the

property stolen; proven by

Answer 7

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

Question 8

To prevent or overcome
resistance to the
property being stolen; proven by

Answer 8

The property is taken by the offender after any resistance

to its taking has been prevented or overcome.

Question 9

All the elements of the offence of theft must be proven under what section to make it a robbery?

Answer 9

(section 219 of the Crimes Act 1961). If theft cannot be proven, it is not robbery.

Question 10

The offence of aggravated robbery is found in which section of Crimes Act 1961?

Answer 10

found in section 235 of the Crimes Act 1961

Question 11

What is aggravated robbery?

Answer 11

• 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 (which includes a firearm), robs any other person.

Question 12

What is assault with intent to rob?

Answer 12

found in section 236 of the Crimes Act 1961.

Assault with intent to rob is where any person assaults (as defined in section 2 of the Act) a person with the intention to rob them (but no theft takes place)

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.

Question 13

What is demanding with intent to steal?

Answer 13

found in section 239(2) of the Crimes Act 1961.

It states;
“Everyone is liable to imprisonment for a term not exceeding
7 years who, with menaces or by any threat, demands any
property from any persons with intent to steal it.”

e.g blackmail intended to cause fear, demanding with menace.

Question 14

What power of arrest is available for the offence of ‘Robbery’?

Answer 14

Crimes Act 1961 Section 315 (2) (a) & (b)

Question 15

Provide two offences that could be classed as ‘Obtained by any other imprisonable offence’;

Answer 15

Burglary / Robbery

Question 16

What is Intent to steal?

Answer 16

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.

If the violence or threats of violence are not used to take the person’s property, it is not robbery. Instead, the offences would be assault and theft.