OF03: Robbery Flashcards
what is robbery?
Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen
What is the penalty for robbery?
Imprisionment for a term not exceeding 10 years
What are the elements of Robbery in the Crimes Act 234(1) and (2)
- Theft
- Accompanied by violence OR accompanied by threats of violent
- To any person OR to any property
- Used to extort the property stole OR prevent or overcome resistance to the property being stolen
When must the violence or threat of violence occur?
Before or at the time of the theft, either as an act or demonstrated by conduct or words
What does it mean by ‘used to extort the property stolen’
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will
What is violence?
Means the unlawful exercise of physical force
What does extort mean?
means to obtain by violence or intimidation, or to extract forcibly
When must the intent to steal occur?
The intent to steal must exist at the time of the violence used or the threats being made. The intent to steal cannot be an afterthought after the act of violence.
If the property is snatched from another person and there is no violence or injury, is the offence still robbery?
No, it would be classed as theft
What are the 3 requirements for aggravated robbery?
1/ Causes grievous bodily harm to any person at the time, before and after the robbery
2/ being together with any other person/(s) robs a person
3/a person armed with an offensive weapon