Offences: Robbery

Question 1

What are the ELEMENTS for Robbery?

Section 234 of the Crimes Act 1961

Answer 1

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

Question 2

When is ‘Robbery’ not a Robbery?

Answer 2

When the element of theft can not be proven.
-OR-
It is not a robbery if violence or threats of violence are made but no property is taken.

Question 3

What would the charge be if someone assaulted another person, tried to take their property but was unable to take anything?

Answer 3

Assault with intent to rob

Section 236 Crimes Act 1961

Question 4

What would the offence be if someone threatened another person with violence if they did not hand over their wallet, but the person refused to hand it over and no assault took place?

Answer 4

Demanding with menace
Section 239(2), Crimes Act 1961

Question 5

What is aggravated robbery?

Answer 5

Aggravated robbery is where;

• A person robs any person and, at the tme, before or after the robbery, causes grievous bodily harm to any person -OR-
• Being together with any other person or persons, robs any person -OR-
• A person is armed with an offensive weapon or instrument (which includes a firearm), robs any other person.