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
-BEFORE or AFTER robbery, CAUSES GBH 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
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.
DEFINE
accompanied by violence
Violence BEFORE or AT THE TIME of theft.
DEFINE
accompanied by THREATS of violence.
demonstrated by conduct or words
DEFINE
to any person or to any property
In relation of robbery.
The person being robbed and also ANY OTHER PERSON
Violence can be DIRECTED TOWARDS THE PROPERTY of the person being extorted.
DEFINE
used to extort the property.
SUFFICIENT to CAUSE the person to HAND OVER the property AGAINST THEIR WILL their will.
DEFINE
to prevent or overcome resistance to the property being stolen mean?
AFTER RESISTANCE HAS TAKEN PLACE
What is the penalty for Robbery S234 CA1961
10 years imprisonment