OF03 Robbery

Question 1

What are the elements of robbery (Section 234(1) and (2) of the Crimes Act 1961?

Answer 1

1: Theft
2: Accompanied by violence OR accompanied by threats of violence
3: To any person OR any property
4: Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen

Question 2

How is the element of “accompanied by violence OR accompanied by threats of violence” proven?

Answer 2

1: Violence before or at the time of the theft
2: Threat of violence before or at the time of the theft, demonstrated by conduct or words

Question 3

How is the element of “to any person OR to any property” proven?

Answer 3

1: The person who has been threatened with violence OR had violence used against them
2: As above but property

Question 4

How is the element of “used to extort the property stolen OR to prevent or overcome resistance to the property being stolen” proven?

Answer 4

1: The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will
OR
2: The property is taken by the offender after any resistance to its taking has been prevented or overcome