Offence - Robbery

Question 1

Offence: Robbery

Which Act?

Answer 1

Crimes Act 1961

Question 2

Offence: Robbery

Which Section?

Answer 2

Section 234

Question 3

Robbery

What is the penalty?

Answer 3

10 years imprisonment

Question 4

Robbery

What are the elements?

Answer 4

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 5

Offence: Aggravated Robbery

Which Act?

Answer 5

Crimes Act 1961

Question 6

Offence: Aggravated Robbery

Which Section?

Answer 6

Section 235

Question 7

Offence: Aggravated Robbery

What is the penalty?

Answer 7

14 years imprisonment

Question 8

Offence: Aggravated Robbery

What are the Elements?

Answer 8

A person robs any person and, at the time, before or after the robbery, causes GBH 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 9

Offence: Assault with intent to rob

Which Act?

Answer 9

Crimes Act 1961

Question 10

Offence: Assault with intent to rob

Which Section?

Answer 10

Section 236

Question 11

Offence: Assault with intent to rob

What is the penalty?

Answer 11

14 years (where one or more factor from aggravated robbery is present)

7 years (where no factors of aggravated robbery are present)

Question 12

Offence: Assault with intent to rob

What are the Elements?

Answer 12

Where any person assaults a person with the intention to rob them.

Question 13

Offence: Demanding with intent to steal

Which Act?

Answer 13

Crimes Act 1961

Question 14

Offence: Demanding with intent to steal

Which Section?

Answer 14

Section 239 (2)

Question 15

Offence: Demanding with intent to steal

What penalty?

Answer 15

7 years imprisonment

Question 16

Offence: Demanding with intent to steal

What are the Elements?

Answer 16

Anyone who, with menaces or by any threat, demands any property from any person with intent to steal it.

Question 17

Term:

Theft

Answer 17

Definition:

• 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 permanently of any interest in that property.
• For tangible property, theft is committed when the offender moves the property or causes it to be moved. The slightest moving is enough.
• Possession of the property must be obtained by the thief, even momentarily.

Question 18

Term:

Accompanied by violence

Answer 18

Definition:

• Violence before or at the time of the theft.
• Violence means the unlawful exercise of physical force. (More than a minimal degree of force or more than a technical assault).
• Robbery is committed if violence is used on the victim at the time of the theft.

Question 19

Term:

Threats of violence

Answer 19

Definition:

• Threat of violence before or at the time of the theft, demonstrated by conduct or words.
• There must be an actual threat of violence through words or conduct. It is not sufficient if there is only fear.

Question 20

Term:

To any person or property

Answer 20

Definition:

• The person who has been threatened with violence or had violence used against them.
• The property that has been threatened with violence or the property that had violence used against it.
• The words “any person” include threats or violence to the person being robbed and also any other person. (Threatening the victim’s child, if the victim does not hand over his or her wallet.)
• A threat to property must be such that it would induce any normal person to part with their property against their will. (Give me your wallet or I will smash your car to pieces.)

Question 21

Term:

Used to extort the property stolen

Answer 21

Definition:

• The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
• Extort means to obtain by violence or intimidation or to extract forcibly.

Question 22

Term:

To prevent or overcome resistance to the property being stolen

Answer 22

Definition:

• The property is taken by the offender after any resistance to its taking has been prevented or overcome.
• This normally applies where violence, rather than threats of violence, is exercised. (Tying someone up while stealing from their house. Overcomes the person and perhaps prevents any further resistance. Or knocking a person to the ground so they will not have the opportunity to resist).