Robbery

Question 1

Robbery

Section, Elements and Penalty

Answer 1

Section 234 (1) Crimes Act

• Theft
• Accompanied by violence or threats of violence
• To any person or property
• Used to extort the property stolen or to prevent or overcome resistance to its being stolen

10 years

Question 2

Theft definition and caselaw:

Answer 2

Dishonestly and WCOR, taking/using or dealing with any property with intent to deprive any owner permanently of that property or interest

R v Lapier
R v Peat
R v Cox

Question 3

Dishonestly definition

Answer 3

An act or omission done without belief that there was express or implied consent

Question 4

Mistaken belief in regards to theft

Answer 4

• The act or omission was,
  expressly or impliedly,
  consented to by a person
  entitled to give consent
• That the act or omission was
  authorised by a person
  entitled to authorise it

Question 5

Claim of right definition

Answer 5

At the time of the act, a proprietary right to the property

Question 6

R v Skivington circumstances

Answer 6

The defendant went to the office where he and his wife worked and forced them at knife point to give his pay cheque early

Question 7

R v Skivington

Answer 7

Theft is an element for Robbery, and if the honest belief that a man has a claim of right is a defence to theft then he has a defence to Robbery

Question 8

R v Lapier circumstances

Answer 8

Snatched an earring from lady’s ear but it got tangled in her hair

Question 9

R v Lapier

Answer 9

Robbery is complete the moment the property is taken, even if possession is only momentary

Question 10

R v Peat

Answer 10

The immediate return of the property will not purge the offence

Question 11

Explain ‘using or dealing with’ in terms of Robbery

Answer 11

‘Using or dealing with’ property requires that the defendant acted contrary to any authority or consent given by the owner

Question 12

R v Cox

Answer 12

Possession involves 2 elements.

1) the physical elements, actual or potential physical custody.

2) the mental element, a combination of knowledge and intention

Question 13

Give an example of potential custody

Answer 13

Storing the thing in question at an associates house or through an agent

Question 14

Definition of property

Answer 14

Include real and personal property and any estate or interest in any property or debt

Question 15

Explain ‘ownership’ for the purposes of theft

Answer 15

(a) possession or control of the property

(b) any interest in the property

(c) the right to take possession or control of the property

Question 16

R v Maihi circumstances

Answer 16

The defendant kept saying he liked the leather jacket and the complainant handed it over.

Question 17

R v Maihi

Answer 17

There must be a nexus between the act of stealing and the threat of violence. Both must be present but need not be contemporaneous

Question 18

R v Mitchell

What is this assessed by?

Answer 18

Property may be handed over because of threats previously made, acting on the victims mind at the time.

Assessed by fact and degree in each case

Question 19

In the context of Robbery what must the violence involve?

Answer 19

More than a minimal degree of force and more than a technical assault but need not involve the infliction of bodily injury

Question 20

Peneha v Police

Answer 20

It is sufficient that the actions of the defendant forcibly interfere with personal freedom

Question 21

R v Broughton

Answer 21

Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the threat

2 street kids asking for money, amounted to threat

Question 22

Examples of conduct or considerations which may amount to a threat of violence

Answer 22

• the relative ages
• their respective physiques
• their appearance
• their demeanour
• what was said and done by
  those involved
• the manner and setting that
  the incident took place

Question 23

Extort meaning:

Answer 23

To obtain by violence, coercion or intimidation

Question 24

Prevent meaning:

Answer 24

To keep from happening.

Anticipates resistance and uses violence to prevent it

Question 25

Overcome meaning:

Answer 25

To defeat. prevail or get the better of. Resistance occurs and violence is used to overpower.

Question 26

Aggravated Robbery (a) Section and Elements

Answer 26

Section 235(a) CA 1961 - Robs - Any person - At the time of or immediately before or immediately after, the robbery - Causes GBH - To any person 14 years

Question 27

Aggravated Robbery (b) Section and Elements

Answer 27

Section 235(b) CA 1961 - Being together with any other person(s) - Robs - Any person

Question 28

Aggravated Robbery (c) Section and Elements

Answer 28

Section 235(c) CA 1961 - Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument - Robs - Any other person 14 years

Question 29

DPP v Smith

Answer 29

"Bodily Harm" needs no explanation and "grievous" means no more and no less than "really serious".

Question 30

R v Joyce

Answer 30

The crown must establish that at least 2 persons were physically present at the time the Robbery was committed or the assault occurred.

Question 31

R v Galey

Answer 31

"Being together" in the context of 235(b) involves "two or more persons having the common intention to use their combined force in the perpetration of the crime"

Question 32

Being armed with meaning:

Answer 32

Carrying or has it available for immediate use as a weapon

Question 33

Three broad classes of offensive weapon:

Answer 33

- Items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords or knuckledusters. - Items that may otherwise have an innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to create a jagged edge. - Items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that purpose, such as a baseball bat or a knife

Question 34

R v Bentham

Answer 34

A persons body is not a weapon (ie a hand under the shirt)

Question 35

Assault with intent to rob (1)(a)

Answer 35

Section 236(1)(a) - With intent to rob any person - Causes GBH - To that person or any other person

Question 36

Assault with intent to rob (1)(b)

Answer 36

Section 236(1)(b) - With intent to rob any person - Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument - Assaults that person or any other person 14 years

Question 37

Assault with intent to rob (1)(c)

Answer 37

Section 236(1)(c) - With intent to rob any person - Being together with any other person or persons - Assaults that person or any other person

Question 38

Assault with intent to rob (2) Section, Elements and Penalty

Answer 38

Section 236(2) - Assaults - Any person - With intent to rob that person or any other person 7 years

Question 39

Assault meaning:

Answer 39

The act of intentionally applying or attempting to apply force to the person or another, directly or indirectly or threatening by any act or gesture to apply force

Question 40

Steps at scene for dealing with a Robbery

Answer 40

- Secure safety - Prevent crime - Contain area - Gather and preserve evidence - Establish and eliminate suspects - Identify offender - Locate offender - Search offender and their premise. Preserve evidence - Establish if case exists for prosecution - Prepare files for prosecution

Question 41

R v Pacholko

Answer 41

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

Question 42

Offensive weapon definition:

Answer 42

Any article made or altered for use of causing bodily injury or intended by the person having it for such a use.