Robbery

Question 1

Theft liabilites

Answer 1

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to permanently deprive the owner

Question 2

Nature of Belief required - Without claim of right

Answer 2

The belief must be a belief in a propietary or possessory right in property.

Question 3

R v Broughton

Answer 3

A threat of violence is the manifestation of an intention to inflict violence unless the money or property is handed over.

Question 4

Peneha v Police

Answer 4

It is sufficient that the actions of the defendant forcibly interfered with the personal freedom or powerful, violent or action, tend to cause bodily Injury or discomfort.

Question 5

R v Maihi

Answer 5

Accompany requires a nexus between the act of stealing and a threat of violence.

Question 6

R v Cox

Answer 6

Physical as well as mental (intent) element to possession. This is under the element taking.

Question 7

R v Lapier

Answer 7

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 8

Robbery

TATTUT

Answer 8

Section 234(1), Crimes Act 1961
Theft

Accompanied by violence OR accompanied by threats of violence

To any person or property

Used to extort the property stolen OR to prevent or overcome resistance to that property stolen.

Question 9

DPP v Smith

Answer 9

“Bodily Harm” needs no explanation and “grevious” means no more and no less than “really serious”.

Question 10

R v Joyce

Answer 10

Regarding aggravated robbery, there must have been at least two persons physically present at the time the robbery was committed or the assault occurred.

Question 11

R v Galey

Answer 11

Being together regarding 235(b) involves two or more persons having the common intention to use their combined force to perpetrate the crime.

Question 12

Section 2 of the Crimes Act

Answer 12

Defines property!

Question 13

Assault intent to Rob - Section 236 Crimes Act 1961 - 14 Years.

Answer 13

236 (1)(a)

• With intent to rob any person
• Causes grevious bodily harm

236(1)(b)

• With intent to rob any person
• being armed with any offensive weapon or instrument OR anything appearing to be such a weapon.
• Assaults that person or any other person.

236(1)(c)

• With intent to rob any person.
• being together with any other person or persons.
• Assaults that person or any other person.

236 (2)

• Assaults any person
• With intent to rob that person or any other person.

Question 14

Aggravated Robbery 235(a)CA61

RAGA

Answer 14

• Robs any person
• At the time of OR immediately before OR immediately after the robbery.
• Causes grevious bodily harm
• To any person

Question 15

Aggravated Robbery 235(b) CA61

BRA

Answer 15

• Being together with any other person or persons.
• Robs.
• Any person.

Question 16

Aggravated Robbery 235(c) CA61

WAR

Answer 16

• Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument.
• Robs
• Any other person

Question 17

Dishonestly

Answer 17

An act or omission without implied consent or authority.

Question 18

S191 CA61

CAFWI

Answer 18

a) To commit or facilitate the commission of any imprisonable offence;
b) To avoid detection of himself or any other person in the commission of any imprisonable offence;
c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
- Wounds, maims, disfigures, stupefies, or renders unconcious any person, or by any violent means renders any person incapable of resistance.