Robbery

Question 1

Theft (s219)

Answer 1

Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 2

Claim of right

Answer 2

A belief in possessory right of the property.

Question 3

R v Skivington

Answer 3

Claim of right is a defence to robbery (negates the theft element).

Question 4

R v Lapier

Answer 4

Robbery is complete at the time the property is taken, even if momentary.

Question 5

R v Peat

Answer 5

Return does not negate the offence.

Question 6

R v Maihi

Answer 6

There must be a connection between the act of stealing and threat/application of violence. Both must be present, however, does not require the act of stealing and the threat be made contemporaneously.

Question 7

Peneha v Police

Answer 7

Sufficient that the defendants acts forcibly interfere with the personal freedom, or a forcible powerful or violent act or motion.

Question 8

R v Mitchell (not in objectives)

Answer 8

Previously made threats on the victim’s mind, assessed by fact and degree in each case.

Question 9

Extort

Answer 9

To obtain by coercion or intimidation.

Question 10

Prevent

Answer 10

Keep from happening.

Question 11

Overcome

Answer 11

To get the better of.

Question 12

Property

Answer 12

Includes any real or personal property.

Question 13

GBH

Answer 13

Harm that is very serious (DDP v Smith - bodily harm means harm that is really serious)

Question 14

Together with

Answer 14

Two or more people physically present acting together in the commission of the robbery.

Question 15

R v Joyce

Answer 15

Must establish at least two people physically present at the time.

Question 16

R v Galey

Answer 16

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

Question 17

Armed

Answer 17

Carrying the item or having it available for immediate use.

Question 18

Offensive weapon s202A

Answer 18

Any article capable of being used for causing bodily injury.

Question 19

R v Bentham

Answer 19

A persons body parts cannot be a weapon.

Question 20

Three types of offensive weapon

Answer 20

• Items made solely for purpose of attacking or inflicting injury (eg firearm, sword).
• Items with innocent purpose altered/adapted (eg broken bottle).
• Items intended to cause injury (eg baseball bat, knife).

Question 21

Extort

Answer 21

Obtain by coercion or intimidation. Overbearing of the will of the victim.

Question 22

R v Broughton

Answer 22

Threat of violence may be direct or veiled. Conveyed by words or conduct, or a combination of both.