Robbery

Question 1

Robbery (Elements)

Answer 1

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

Question 2

Theft (Definition)

Answer 2

Dishonestly and without claim of right takes any property with intent to deprive the owner permanently of that property – (Section 219(1)(a) Crimes Act 1961)

Question 3

Theft (Case Law)

Answer 3

R v LAPIER:
Robbery is complete the instant property is taken even if possession by the thief is only momentary

R v COX:
Two elements; Actual or potential custody or control and knowledge in the sense of awareness by the accused the substance is in his possession

Question 4

Accompanied by violence (Case Law)

Answer 4

R v MAIHI:
There must be a link between the act of stealing and a threat of violence. Both must be present

PENEHA v POLICE:
The actions forcibly interfere with personal freedom or amount to violent action or motion causing bodily injury or discomfort

Question 5

Threats of violence (Case Law)

Answer 5

R v BROUGHTON:
Threat of violence is the manifestation of an intention to inflict violence unless property handed over. The threat may be conveyed by words or conduct or both

R v PACHOLKO:
It is the conduct of the accused which has to be assessed rather than the strength of the nerves of the person threatened

Question 6

Extort (Definition)

Answer 6

Obtain by coercion or intimidation

Question 7

Prevent (Definition)

Answer 7

Keep from happening

Question 8

Overcome (Definition)

Answer 8

Defeat, prevail or get the better of

Question 9

Aggravated Robbery - GBH (Elements)

Answer 9

Section 235(a) Crimes Act 1961
* Robs
* Any person
* At the time of or immediately before or immediately after the robbery, causes GBH
* To any person

Question 10

Robs (Definition)

Answer 10

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 its being stolen -Section 234(1) Crimes Act 1961

Question 11

GBH (Definition)

Answer 11

Harm that is really serious

Question 12

GBH (Case Law)

Answer 12

DPP v SMITH:
Grievous means no more and no less than really serious

Question 13

Aggravated robbery - being together (Elements)

Answer 13

Section 235(b) Crimes Act 1961
* Being together with any other person or persons
* Robs
* Any person

Question 14

Together with (Definition)

Answer 14

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

Question 15

Together with (Case Law)

Answer 15

R v JOYCE:
Crown must prove two or more people were present at the time the robbery was committed or when the assault occurred

R v GALEY
“two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime

Question 16

Aggravated robbery - Being armed (Elements)

Answer 16

Section 235(c) Crimes Act 1961
* Being armed with any
* Offensive weapon or instrument OR Anything appearing to be such a weapon or instrument
* Robs
* Any person

Question 17

Being armed (Definition)

Answer 17

Carrying the item or having it available for use as a weapon

Question 18

Offensive weapon (Definition)

Answer 18

Offensive weapon
1. Any article made or altered for causing bodily injury or intended by the person having it for such use
2. An article capable of causing bodily injury
(Section 202A Crimes Act 1961)

Question 19

Being armed with (Case Law)

Answer 19

R v BENTHAM:
What is possessed must under the definition be a thing. A persons hand under the shirt is not a thing

Question 20

Assault with intent to rob - GBH (Elements)

Answer 20

ASSAULT WITH INTENT TO ROB
Section 236(1)(a) Crimes Act 1961
* With intent to rob any person
* Causes GBH
* To that person or any other person

Question 21

Assault with intent to rob - Being armed (Elements)

Answer 21

Section 236(1)(b) Crimes Act 1961
* With intent to rob any person
* Being armed with an offensive weapon or instrument OR Anything appearing to be such a weapon of instrument
* Assaults that person or any other person

Question 22

Assault with intent to rob - together with

Answer 22

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 persons

Question 23

Robbery Defense (Case Law)

Answer 23

R v SKIVINGTON
Larceny is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.”