Robbery Flashcards
Elements of Robbery
- 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
Robbery Section
CA 1961 S.234 (1) and (2)
Meaning of: theft
All the elements of a theft offence must be present
Meaning of: Accompanied by violence OR threats of violence
Just before or at the time of the theft
Meaning of: element 4
To cause the property to be handed over (usually violent threats only)
OR property taken after overcoming or preventing resistance (usually violence)
Remember..
Fear alone is not enough. There has to be threats of or violence just before or at the time of the theft to constitutive robbery.
Penalty for robbery
10 years
Aggravated Robbery includes
- Armed with an offensive weapon or instrument, or
- Cause GBH, or
- 2 or more people
Assault with intent to rob
All elements of a ‘violence’ robbery are carried out except that the property was not taken - but there was intent to
Demand with with intent to steal
All elements of a ‘threats of violence’ robbery are carried out except that the property was not taken - but there was intent to
Penalty for aggravated robbery
14 years
Penalty for assaults with intent to rob or demands with intel to steal
7 years