Robbery Flashcards
Robbery is in what section of the Crimes Act 1961
Section 234(I) & 234(2)
Name the 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
Define: Theft and it’s elements
Theft is complete when… (identify as appropriate).
Elements
Dishonestly
Without claim of right
Takes
Any property
With intent to deprive the owner permanently of that property
OR
With intent to deprive the owner permanently of any interest in that property
Define:
Accompanied by violence
OR
Accompanied by threats of violence
Violence before or at the time of the theft
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
Define:
To any person
OR
To any property
The person who has been threatened with violence OR
the person who had violence used against them.
The property that has been threatened with violence OR
the property that had violence used against it.
Define:
Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
How would it be classified as Aggravated Robbery
Section 235 of the Crimes Act
- a person robs any person and, at the time, 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 armed with an offensive weapon or instrument (which includes a firearm), robs any other person.
What is:
Assault with intent to rob
Assault with intent to rob is where any person assaults (as defined in section 2 of the Act) a person with the intention to rob them (but no theft takes place).
What is:
Demanding with intent to steal
The offence of demanding with intent to steal is found in section 239(2) of the Crimes Act 1961.