ROBBERY

Question 1

Robbery

Answer 1

234 (1) CA 1961
10 yes

THEFT
ACCOMPANIED BY VIOLENCE OR THREATS OF VIOLENCE
TO ANY PERSON
USED GO EXTORT ANY PROPERTY STOLEN OR TO PREVENT OR OVERCOME RRSISTANCD TO IT BEING STOLEN

Question 2

Theft defined as

Answer 2

Defined under 219 of CA
Dishonestly and without claim of right, takes anh property with the intent to deprive the owner permanently of that property or of any interest in that property

Question 3

Theft/robbery case law

Answer 3

Skivington
Theft is a element of robbery and If the honest belief that a man has claim of right is a defence to theft then it negatives one of the elements of robbery. Not having full elements = no offence

Skiv=scav= scavenger=hobestly thought he could have that

Lapierre
Robbery is complete the instant the property is taken even if possession by theft is only momentary

Lap=sitting on lap=even for an instant is an offence

Peat
The immediate return of goods does not purge the offence

Pete stole but returned items

Cox
Possession involves to elements. One is a physical element and one is the mental element

Cox=coxy has two partners

Question 4

Accompanied by violence case law

Answer 4

Maihi
There must be a connection between the act of stealing and threat or violence. Both must be present however thr act and threat do not have to dl contemporaneous

I and I = connection between both

Mitchell
Previously made threats on the victims mind are assessed by fact and degree of each case.

Mitchell is a pussy and previously been threatened

Peneha
It is sufficient that the actions of the defendant forcibly interfere with the victims person freedom or amount to forcible power or violent action or motion that can cause bodily injury or discomfort

Peneha shooting victim fears

Question 5

Extort defined as

Answer 5

Obtain by coercion or intimidation. If the threat does not affect the will of the victim then there is no robbery.
The threats induced the victim to part with their property.

Question 6

Prevent defined as

Answer 6

To keep from happening.

Question 7

Overcome defined as

Answer 7

To defeat, to prevail over. To get the better of

Question 8

Property defined as

Answer 8

S2 of ca 1961

Includes any real of personal property

Question 9

Aggravated robbery- causes gbh

Answer 9

234(a) CA 1961
14 years

Robs
Any person 
At the time of or immediately before or immediately after 
Causes gbh 
To ang person

Question 10

Robs defined as

Answer 10

234(1) CA 1961
Theft accompanied by violence or threats of violence to any person used to extort any property stolen or to prevent or overcome resistance to it being stolen

Question 11

Robs case law

Answer 11

Skivington
Claim of right is a defence to robbery

Skiv=scav=scavenger=thought that they coukd have it

Lapierre
Robbery is complete the instant the property is taken even if possession by theft is only momentary

Lap=sitting on lap=offence complete as soon as on lap

Maihi
There must be a connection between the act of stealing and threat or violence. Both must be present however thr act and threat do not have to dl contemporaneous

I and I = connection between both

Question 12

At the time defined as

Answer 12

The violence used at the time has resulted in serious harm

Question 13

Immediately defined as

Answer 13

A matter of fact and degree in each case

Question 14

Gbh case law

Answer 14

Smith

Bodily harm means harm that is really serious

Question 15

Agg rob together with

Answer 15

234(b) CA 1961
14 years

Being together with any other person
Robs
Any person

Question 16

Being together with defined as and case law

Answer 16

Together requires two or more people physically present acting together in the commission of the robbery

Joyce
The crown must establish at least 2 people physically present at the time of robbery or assault

Joyce=joyful =giving each other high fives after robbery=need at least 2 people to high five

Galey
Being together involves two or more persons having the common intention to use their combined froxe either in any event or circumstances might require, directly in the perpetuation of the crime

Hayley=common intention to do things

Question 17

Agg rob being armed with

Answer 17

235(c) CA 1961
14 years

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

Question 18

Armed defined asq

Answer 18

Carrying the item or having it available for immediate use

Question 19

Offensive weapon defined as

Answer 19

S202a any article capable of being used to cause bodily injury

Question 20

Intent defined as

Answer 20

Two types of intent.
1. Intent to commit the act
2 an Intent to get a specific result

Deliberate act

Question 21

Intent case law

Answer 21

Collision
Two police charged with demanding menaces.
Caused man to believe they would arrest him for soliciting homosexhal acts unless he paid them money

Question 22

Possession case law

Answer 22

Cox
Two elements
1. Physical element- actual physical custody or control
2. Mental element- combo of knowledge and intention. Knowledge in thr sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession

Question 23

Three classes of offensive weapons

Answer 23

1. Item made soley for purpose of attacking or inflicting injury. Eg firrearms, swords or knuckledusters
2. Items that may have an innocent purpose but have been altered or adapted to cause Injury. Eg bottle broken to create jagged edge
3. Items intended to cause Injury which includes anything capable of causing Injury eg baseball bat or knife

Question 24

Assault with intent to Rob

Answer 24

236(1a) cause gbh
236 (1b) being armed
236(1c) together with

With intent to rob anyperson
A b or c
Assaults that person or any other person

Question 25

Dishonestly defined as

Answer 25

Done or omitted without a belief that there was express or implied consent to, or authority for the act or omission from the person entitled to give such consent or authority

Question 26

Claim of right defined as

Answer 26

A belief at the time of the act in proprietary or possessory right in the property in relation to which thr offence is alleged to have been committed