Robbery

Question 1

Elements of Theft

Answer 1

Dishonestly
Without Claim of Right
Takes
Any Property
With the intent to permanently deprive the owner of that property

Question 2

Basic Robbery

Answer 2

1. Theft
2. Accompanied by violence OR accompanied by threats of violence
3. To any person or property
4. Used to extort the property stolen OR to prevent or overcome resistance to it being stolen

S234 Crimes Act 1961

Question 3

Aggravated Robbery (cause GBH)

Answer 3

1. Robs any Person
2. At the time of OR immediately before OR immediately after, the robbery
3. Causes GBH
4. To any person

S235(a) Crimes Act 1961

Question 4

Aggravated Robbery (with other people)

Answer 4

1. Being together with any other person or persons
2. Robs
3. Any person

S235(b) Crimes Act 1961

Question 5

Aggravated Robbery (weapon)

Answer 5

1. Being armed with any offensive weapon OR any thing appearing to be such a weapon or instrument.
2. Robs
3. Any other person

S235(c) Crimes Act 1961

Question 6

Assault With Intent To Rob (GBH)

Answer 6

1. With intent to rob any person
2. Causes GBH to that person or any other person

S236(1)(a) Crimes Act 1961

Question 7

Assault with Intent to Rob (Weapon)

Answer 7

1. With intent to rob any person
2. Being armes with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument.
3. Assaults that person or any other person.

S236(1)(b) Crimes Act 1961

Question 8

Assault with Intent to Rob (Other people)

Answer 8

1. With intent to rob any person.
2. Being together with any other person or persons
3. Assaults that person or any other person

S236(1)(c) Crimes Act 1961

Question 9

Assault with Intent to Rob (Non-Aggravating)

Answer 9

1. Assaults any person
2. With Intent to rob that person or any other person.

S236(2) Crimes Act 1961

Question 10

R v Skivington

Answer 10

Theft is an element of robbery and if the offender has claim of right, it is a defence to theft and therefore robbery.

Question 11

R v Lapier

Answer 11

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 12

R v Cox

Answer 12

Possession requires physical custody and control as well as knowledge and intention.

Question 13

R v Maihi

Answer 13

There must be a connection between the act of stealing and a threat of violence. It doesn’t need to be contemporaneous.

Question 14

Peneha v Police

Answer 14

Actions of the defendant forcibly interfere with victims personal freedom. They must be more than minimal

Question 15

R v Broughton

Answer 15

It is the conduct of the accused which has to be assessed rather than the strength of the nerves of the person threatened.

Question 16

R v Joyce

Answer 16

The crown must establish that at least two persons were physically present at the time of the robbery.

Question 17

R v Galyer

Answer 17

Being together, means two or more people have the intention to use their combined force.

Question 18

R v Bentham

Answer 18

A person’s body part is not a thing as the person can not be separated from it

Question 19

R v Peat?

Answer 19

Returning property stolen does not purge the offence