ROBBERY Flashcards
CRIMES ACT 1961
WHAT IS SECTION 234 (1) (A) AND ELEMENTS
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
(Penalty = 10 years imprisonment)
WHAT IS AGGROVATED ROBBERY?
- Causes grievous bodily harm to any person
- Two or more offenders
- Armed with any weapon or article that appears to be a weapon
(Penalty = 14 years imprisonment)
WHAT IS ASSAULT WITH INTENT TO ROB?
Commits violence but nothing to steal
WHAT IS DEMANDING WITH INTENT TO STEAL
Threatens or demands property but no theft occurs
WHAT IS THEFT?
If theft can’t be proven then it is not robbery.
WHAT IS ACCOMPANIED BY VIOLENCE?
Violence before or at the time of the theft
WHAT IS ACCOMPANIED BY THREATS OF VIOLENCE?
Threats of violence before or at the time of the theft, demonstrated by conduct or words.
WHAT DOES TO ANY PERSON OR PROPERTY MEAN?
- To the person who has been threatened by the violence
- The person who had the violence used against them
- The property that has been threatened with violence
- The property that had violence used against it.
WHAT IS USED TO EXTORT THE PROPERTY STOLEN?
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
WHAT IS TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN?
The property is taken by the offender after any resistance to it’s taking has been prevented or overcome.