Offences against persons (robbery and related offences)

Question 1

Four ways of committing robbery

Answer 1

a. Stealing while using violence or threats of violence to any person or property-robbery under s. 343(a).
b. Stealing from a person and wounding, beating, striking or using any personal violence to that person at the time or immediately before or after-robbery under s.343(b).
c. Assaulting a person with intent to steal from them -robbery under s. 343(c).
d. Stealing while armed with an offensive weapon or imitation -robbery under s.343(d).

Question 2

Extortion

Answer 2

s. 346 (1) criminal code

Means to obtain anything either by compulsion, by act of force or by force of motive applied to the will.

• Strictly indictable offence
• Powers of arrest under s. 495 apply
• Release is required if public interest and court appearance are satisfied.
• Consult NCO.
• Aggravating circumstance: Use of firearm.

Question 3

Kidnapping

Answer 3

s. 279 (1) criminal code

Taking a person from one place to another by force, fraud or false statements used to induce the person to enter into the custody of the accused.

• Strictly indictable offence
• Powers of arrest under s. 495 apply
• Release is required if public interest and court appearance are satisfied.
• Consult NCO.
• Aggravating circumstance: Use of firearm and under 16 years old and the accused is not a parent, guardian, or other person with lawful charge or care of them.

Question 4

Unlawful confinement

Answer 4

s. 279 (2) criminal code

Requires only the physical restraint of the victim without lawful authority. It does not requiring moving the victim.

• Dual offence
• Release required if RICES satisfied

Question 5

Hostage-taking

Answer 5

s. 279.1 (1)

Involves confining, imprisoning, seizing or detain a person and threatening the infliction of death, bodily harm or continued detention.

• Strictly indictable offence
• Powers of arrest under s. 495 apply
• Release is required if public interest and court appearance are satisfied.
• Consult NCO.
• Aggravating circumstance: Use of firearm.

Question 6

Disguise with intent

Answer 6

s. 351 (2)

A person has masked themselves in preparation for committing an indictable offence or during the commission of an indictable offence.

• Dual offence
• Release required if RICES satisfied

Question 7

Intimidation

Answer 7

s. 423

Certain prohibited activities when committed in order to induce a person to do something they have a lawful right not to do or to abstain from doing something they have a lawful right to do.

• Dual offence
• Release required if RICES satisfied