Robbery

Question 1

What are the elements of Robbery section 234(1) Crimes Act 1961.

Answer 1

-theft
-accompanied by violence or threats of violence
-against any person or property.
-uses to extort the property stolen or prevent or overcome resistance to the property being stolen.

Question 2

What are the elements of aggravated robbery section 235(a) crimes act 1961.

Answer 2

-robs any person.
-at the time of or immediately before or after the robbery
-causes GBH to any person

Question 3

What are the elements of Aggravated Robbery section 235(b) crimes act 1961

Answer 3

-being together with any other person
-robs
-any person

Question 4

What are the elements of aggravated robbery section 235(C) crimes act 1961

Answer 4

-being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument.
-robs
-any person

Question 5

What are the elements of assault with intent to rob section 236(1)(a)

Answer 5

-With intent to rob any person
-causes GBH to that person or any other person.

Question 6

What are the elements of assault with intent to rob section 236(1)(b) crimes act 1961

Answer 6

-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

Question 7

What are the elements of Assault with intent to rob section 236(1)(c) crimes act 1961

Answer 7

-with intent to rob any person
-being together with any other person or persons.
-assaults that person or any other persons.

Question 8

R v Lapier

Answer 8

Lapier and Pete, theft complete:

Robbery is complete the moment the item is taken even if possession is only momentary.

Question 9

R v Maihi

Answer 9

For Robbery 234 and 235 There must be a nexus between the theft and the threats of violence, does not need to be contemporaneous.

Question 10

R V Joyce

Answer 10

Robbery section 235(b) two persons must be physically present at the time the robbery was committed.

Question 11

R v Galey

Answer 11

Aggravated robbery section 235(b) require that being together involves two or more persons with the common intent to use their combined force

Question 12

R v Skivington

Answer 12

Robbery ‘claim of right’ is a defence to the theft but is still liable for the violence.

Question 13

R V Bentham

Answer 13

I’m aggravated robbery section 235(c) a persons body part is not a “thing”

Question 14

R v Broughton

Answer 14

During a robbery the threats are the manifestation of the intention to do violence, may be direct or veiled, conveyed by conduct or by words. Absence of fear by the victim dose not negate the threat

Question 15

R v Mitchell

Answer 15

Robbery 234(1) previously made threats on the victims mind are assessed by fact and degree in each case

Question 16

To extort is to?

Answer 16

Obtain by coercion or intimidation

Question 17

Offensive weapon

Answer 17

Any article made, altered or capable of being used for causing bodily injury.

Question 18

Claim of right is?

Answer 18

1) A belief at the time in a proprietary or prossessory right in the property.
2) must be about the property in relation to the offence.
3) must be a belief held at the time of the theft.
4) belief must actually be held by the offender

Question 19

What are the elements of assault with intent to rob section 236(2)?

Answer 19

-with intent to rob any person
-assaults that person or any other person

Question 20

What are the elements of Demanding with intent to steal section 239(1)?

Answer 20

-Without claim of right
-by force or with any threat
Compels any person to execute, make, accept, endorse, alter or destroy.
-any document capable of conferring a pecuniary advantage with intent to obtain any benefit.

Question 21

What are the elements of Demanding with intent to steal section 239(2) crimes act 1961?

Answer 21

-with menaces or by any threat
-demands any property
-from any persons
-with intent to steal it

Question 22

Property is?

Answer 22

Includes any real and personal property and any estate or internet in any real estate or personal property.

Question 23

Dishonesty is?

Answer 23

An act done or omitted without a belief that there was consent or authority from a person entitled to give such consent.

Question 24

Unlawfully is?

Answer 24

Without lawful justification, authority or excuse

Question 25

Peneha v Police

Answer 25

It is sufficient that the actions of the defendant forcibly interfere with the 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.

Question 26

R V Wells

Answer 26

In 235a there is no need for the harm to be inflicted on the victim of the robbery.