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DDC Lessons > Robbery > Flashcards

Robbery Flashcards

1
Q

ROBBERY

A

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 its being stolen
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2
Q

AGGRAVATED ROBBERY (a)

A

Section 235(a), Crimes Act 1961

  • Robs any person
  • At the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm
  • To any person
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3
Q

AGGRAVATED ROBBERY (b)

A

Section 235(b), Crimes Act 1961

  • Being together with any other person or persons,
  • Robs
  • Any person
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4
Q

AGGRAVATED ROBBERY (c)

A

Section 235(c), Crimes Act 1961

  • Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
  • Robs
  • Any other person
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5
Q

ASSAULT WITH INTENT TO ROB (1)(a)

A

Section 236(1)(a), Crimes Act 1961

  • With intent to rob any person
  • Causes grievous bodily harm to that person or any other person
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6
Q

ASSAULT WITH INTENT TO ROB (1)(b)

A

Section 236(1)(b), Crimes Act 1961

  • With intent to rob any person
  • Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
  • Assaults that person or any other person
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7
Q

ASSAULT WITH INTENT TO ROB (1)(c)

A

Section 236(1)(c), Crimes Act 1961

  • With intent to rob any person
  • Being together with any other person or persons
  • Assaults that person or any other person
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8
Q

ASSAULT WITH INTENT TO ROB (2)

A

Section 236(2), Crimes Act 1961

  • Assaults any person
  • With intent to rob that person or any other person
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9
Q

Robbery complete

R v Lapier

A

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

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10
Q

Robbery complete

R v Peat

A

the immediate return of the property by the robber does not absolve the crime.

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11
Q

defence to robbery

R v Skivington

A

Defence to theft (claim of right) is a defence to Robbery

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12
Q

Robbery nexus

R v Maihi

A

There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.

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13
Q

Threat of Violence

R v Broughton

A

A threat may be direct or veiled, conveyed by conduct or words, or both. Absence of fear by the victim does not negate the threat.

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14
Q

Together with – Robbery

R v Joyce

A

Crown must establish at least two people physically present at the time of the robbery.

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15
Q

Together with – Robbery

R v Galey

A

Being together means two or more person having the common intention to use their combined force.

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16
Q

- Armed with – Offensive weapon

R v Bentham

A

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.

17
Q

Threat of violence - Robbery

Peneha v Police

A

It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.

18
Q

To any person - Robbery

R v Wells

A

there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.

19
Q

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

A

R v Lapier - Robbery complete

20
Q

the immediate return of goods by the robber does not purge the offence

A

R v Peat - Robbery complete

21
Q

Defence to theft (claim of right) is a defence to Robbery

A

R v Skivington – defence to robbery

22
Q

There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.

A

R v Maihi - Robbery nexus

23
Q

A threat may be direct or veiled, conveyed by conduct or words, or both. Absence of fear by the victim does not negate the threat.

A

R v Broughton - Threat of violence - Robbery

24
Q

“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

A

R v Joyce - Together with – Robbery

25
Q

“Being together” in the context of section 235(b) means two or more persons having the common internet to use their combined force.

A

R v Galey - Together with – Robbery

26
Q

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.

A

R v Bentham - Armed with – Offensive weapon

27
Q

It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.

A

Peneha v Police - Threat of violence - Robbery

28
Q

The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’

A

R v Pacholko - Threat of violence - Robbery

29
Q

there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.

A

R v Wells - To any person - Robbery

30
Q

Define Without Claim of Right

A

S2 CA1961 Belief in a possessory right of the property.

31
Q

Define Dishonestly

A

Without a belief that there was consent form a person with authority to give it.

32
Q

R v Mitchell

A

There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.

33
Q

There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.

A

R v Mitchell

34
Q

Define extort

A

Obtain by coercion or intimidation

35
Q

What is section 202A CA1961

A

offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.

36
Q

Define Prevent

A

To stop the possibility of resistance.

37
Q

Define Overcome resistance

A

To overpower or get the better of in conflict

38
Q

Assault with Intent to Rob - Name, Act, Section

A

Assault with Intent to Rob - 236 CA1961

With intent to

Rob

Any person

(a) Causes grievous bodily harm to that person or any other person; or
(b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.

DDC Lessons (34 decks)

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