Robbery

Question 1

Robbery s234 Crimes Act 1961
List the Elements

Answer 1

Theft

Accompanied by violence or accompanied by threat of violence

To any person or Property

Used to Extort the property Stolen or to prevent or overcome resistance to it being stolen

Question 2

Aggravated Robbery
S 235(a) Crimes Act 1961
List the elements

Answer 2

Robs any person

At the time of, or immediately before or immediately after, the robbery

Causes GBH

To any person

Question 3

Aggravated Robbery
Section 235(b) Crimes Act 1961
List the elements

Answer 3

Being together with any other person or persons

Robs

Any person

Question 4

Aggravated Robbery
Section 235(c) Crimes Act 1961
List the elements

Answer 4

Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument

Robs

Any other person

Question 5

Assault with intent to Rob
Section 236(1)(a)
List the elements

Answer 5

With intent to rob any person

Causes GBH to that person or any other person

Question 6

Assault with intent to rob
section 236(1)(b)
List the elements

Answer 6

With intent to rob any person

Being armed with an offensive weapon or instrument, or any thing appearing to be such a weapon or instrument

Assaults that person or any other person

Question 7

Assault with intent to Rob
section 236(1)(c)
List the elements

Answer 7

With intent to Rob any person

Being together with any other person or persons

Assaults that person or any other person

Question 8

Assault with intent to Rob
Section 236(2) Crimes Act 1961
List the elements

Answer 8

Assaults any person

With intent to Rob that person or any other person

Question 9

An essential element of Robbery is theft. Define Theft (s219) Crimes Act 1961

Answer 9

Dishonestly and without claim of right, taking any property with intent to deprive the owner permanently of that property or any interest in that property in such a manner that it cannot be returned to the owner in the same condition.

For tangible property, theft is committed when the offender moves the property or causes it to be moved.

Question 10

Dishonestly means?
(S217 Crimes Act 1961)

Answer 10

In relation to any Act or omission, means done or omitted without a belief that there was express or implied consent to, or authority from a person entitled to give such consent or authority

Question 11

Claim of Right means?

Answer 11

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact.

Question 12

R v Skivington is case law relating to claim of right as a defence to Robbery, what does this case say about the element of theft as it pertains to robbery?

Answer 12

R v Skivington says that theft is an element of robbery and that if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements of the defence of robbery and the full offence is not made out.

Question 13

The term ‘taking’ as it refer to tangible property means theft is committed when what happens?

Answer 13

The offender moves the property or causes it to be moved

Question 14

R v Lapier states that Robbery is complete when…?

Answer 14

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

Question 15

R v Cox relates to possession, what two elements must be proved to satisfy possession?

Answer 15

The first is the Physical element, actual or potential physical custody or control.

The second is the mental element a combination of the accused had an awareness that the substance was in his possession and an intention to exercise possession.

Question 16

Define Property as per s2(1) Crimes Act 1961

Answer 16

Property includes real and personal property and any estate or internet in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 17

There are two components to Intent, what are they?

Answer 17

An intention to commit an act,

To get a specific result

Question 18

When proving intent, an offender admissions are potentially good evidence, however intent can also be inferred by circumstantial evidence, what are the three components of proving intent (R v Collister)

Answer 18

The offenders actions and words before, during and after the event

The surrounding circumstances

The nature of the act itself

Question 19

Intent to Deprive owner permanently of property includes an intent to deal with the property in such a manner that?

Answer 19

The property cannot be returned to the owner in the same condition, or

Any owner is likely to be permanently deprived of the property or of any interest in the property

Question 20

‘Accompanied by Violence or threats of violence’ means the prosecution must prove a connection between the violence and the stealing of the property. What does R v Maihi say about this?

Answer 20

It is implicit in ‘accompany’ that there must be a connection or link between the act of stealing and the threat of violence. Both must be present however it does not require that the stealing and violence be contemporaneous

Question 21

‘ Violence’ must involve more than a minimal degree of force and more than a technical assault but not need involve the infliction of bodily injury. What was the finding in Peneha v Police?

Answer 21

It was sufficient that the actions of the defendant forcibly interfered with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort

Peneha v Police

Question 22

‘Threats of Violence’ includes a direct or veiled warning that violence will be used if the victim does not meet the robbers demands, what was the finding of R v Broughton ?

Answer 22

The threat of violence is the manifestation of an intention to inflict violence unless the property is handed over.

The actual presence or absence of fear is not the yardstick. It is the conduct of the accused which has to be assessed.