Offence - Robbery Flashcards
Offence: Robbery
Which Act?
Crimes Act 1961
Offence: Robbery
Which Section?
Section 234
Robbery
What is the penalty?
10 years imprisonment
Robbery
What are the elements?
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
Offence: Aggravated Robbery
Which Act?
Crimes Act 1961
Offence: Aggravated Robbery
Which Section?
Section 235
Offence: Aggravated Robbery
What is the penalty?
14 years imprisonment
Offence: Aggravated Robbery
What are the Elements?
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
Offence: Assault with intent to rob
Which Act?
Crimes Act 1961
Offence: Assault with intent to rob
Which Section?
Section 236
Offence: Assault with intent to rob
What is the penalty?
14 years (where one or more factor from aggravated robbery is present)
7 years (where no factors of aggravated robbery are present)
Offence: Assault with intent to rob
What are the Elements?
Where any person assaults a person with the intention to rob them.
Offence: Demanding with intent to steal
Which Act?
Crimes Act 1961
Offence: Demanding with intent to steal
Which Section?
Section 239 (2)
Offence: Demanding with intent to steal
What penalty?
7 years imprisonment
Offence: Demanding with intent to steal
What are the Elements?
Anyone who, with menaces or by any threat, demands any property from any person with intent to steal it.
Term:
Theft
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.
Term:
Accompanied by violence
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.
Term:
Threats of violence
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.
Term:
To any person or property
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.)
Term:
Used to extort the property stolen
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.
Term:
To prevent or overcome resistance to the property being stolen
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).
