Robbery

Question 1

Elements of Robbery
Crimes Act 1961 Section 234(1)&(2)

Answer 1

Theft

Accompanied by violence
OR
Accompanied by threats of violence

To any person
OR
To any property

Used to extort勒索 the property stolen
OR
To prevent or overcome resistance to the property being stolen

Question 2

Accompanied by Violence include？

Answer 2

INTENT - must exist at the time when violence used or threats made. it CAN NOT be an AFTER THOUGHT

VIOLENCE -
1. Unlawful physical force.
2. Must be more than mere snatching from person
不仅仅是抢夺和偷盗。
3. A struggle or injury would constitute violence

Question 3

Threats of Violence include？

Answer 3

The threat must be ACTUAL - 威胁必须是真实的-只有恐惧是不够的
fear alone is not sufficient (note: Fear may not be caused by reputation without an actual threat made)

The threat must be - 威胁必须发生在当时或者刚偷盗之前
AT THE TIME of the THEFT orJUST PRIOR to the THEFT

Victim must- actually fear offenders actions at the time- so scared of consequences that they part with property

Question 4

To any person

Answer 4

The person…threatened with violence.
OR
The person…violence used against them.

Question 5

To any property

Answer 5

The property…threatened with violence.
OR
The property…violence used against it.

Question 6

Used to extort勒索 the property stolen

Answer 6

(The violence or threats) used by the offender are (sufficient to cause) the person to (hand over移交) the property (against their will违反他们的意愿).

Question 7

To prevent or overcome resistance to the property being stolen

Answer 7

The property is （taken） by the offender (after any resistance) to its taking has been (prevented or overcome阻止和克服).

Question 8

Penalty of Robbery
Crimes Act 1961 Section 234(1)&(2)

Answer 8

10 years imprisonment

Question 9

Aggravated robbery and penalty are?
s235

Answer 9

Robbery is aggravated by the:

use of an offensive weapon,
two + persons or
if GBH is caused before, at or after the robbery.

14 years