Robbery

Question 1

Liability for: Robbery

Answer 1

234(1) Crimes Act 1961
Theft
Accompanied by violence, or threats of violence
To any person or property
Used to extort the property stolen, or prevent or overcome resistance to it being stolen.

Question 2

Liability: Theft

Answer 2

Dishonestly
Without claim of right
Takes
Any property
With intent to deprive the owner permanently of that property.

Question 3

Liability: Aggravated Robbery GBH

Answer 3

235(a) Crimes Act 1961
Robs any person
At the time of, or immediately after, or immediately before the Robbery
Causes GBH
To any person

Question 4

Liability: Aggravated Robbery - together with

Answer 4

235(b) Crimes Act 1961
Being together with any other person, or person’s
Robs
Any person

Question 5

Liability: Aggravated Robbery - Offensive weapon

Answer 5

235(c) Crimes Act 1961
Being armed with an offensive weapon or instrument, or anything appearing as such a weapon or instrument
Robs
Any other person

Question 6

Liabilty: Assaults with intent to Rob - GBH

Answer 6

236(1)(a) Crimes Act 1961
With intent to rob any person
Causes GBH to that person or any other person

Question 7

Liabilty: Assault with intent of Rob- weapon

Answer 7

236(1)(b) Crimes Act 1961
With intent to rob any person
Being armed with an offensive weapon or instrument, or anything appearing as such weapon or instrument
Assaults that person or any other person

Question 8

Liability: Assault with intent to Rob - together with

Answer 8

236(1)(c) Crimes Act 1961
With intent to Rob any person
Being together with any other person or person’s
Assaults that person or any other person

Question 9

Liability: Assault with intent to Rob - 236(2)

Answer 9

236(2) Crimes Act 1961
Assaults Any person
With intent to Rob that person or any other person

Question 10

Define: Dishonestly

Answer 10

Without implied consent or authority from someone in a position to give consent

Question 11

Define: Without claim of right

Answer 11

No possessory or proprietary right to the property.

Question 12

Case law: Claim of right

Answer 12

R v Skivington
The defendant needs to establish that he had at the time, the proprietary or possessory right of the property that was taken.
Theft is a part of Robbery. If he had honest belief at the time he was in titled to property then it wouldn’t be Robbery.

Question 13

Define: takes

Answer 13

Moves or causes to move

Question 14

Define: Property

Answer 14

Real and personal property

Question 15

Define: Aggravated

Answer 15

To make worse

Question 16

Caselaw: Robbery complete

Answer 16

R v Lapier
Robbery is complete the instant the property is taken.

Question 17

Caselaw: Robbery intent

Answer 17

R v Peat
Immediate return of goods does not purge offence, the intent at the time of the taking was there.

Question 18

Define: violence

Answer 18

Must involve a minimal degree of force, more than a technical assault.

Question 19

Caselaw: violence

Answer 19

Peneha v Police
Actions of the defendant forcefully interferes with the victims personal freedom, therefore, must be more than minimal

Question 20

Caselaw: Threats of violence

Answer 20

R v Broughton
Manifestation to inflict violence can be through words or actions. Surrounding circumstances will show the threats the victims fears were sufficient

Question 21

Define: Accompanied by violence

Answer 21

Need not be actual assault, must prove violence was used with intention to extort

Question 22

Caselaw: Accompanied by violence

Answer 22

R v Maihi
Must be a connection between the violence and theft

Question 23

Define: Extort

Answer 23

Obtain by coercion or intimidation

Question 24

Define: Prevent

Answer 24

Keep from happening

Question 25

Define: Overcome

Answer 25

Defeat, prevail over, get better off in conflict

Question 26

Caselaw: Possession

Answer 26

R v Cox
Need to prove physical element (Actual or potential possession) and mental element (knowledge and intention)

Question 27

Caselaw: Weapon Agg Rob

Answer 27

R v Bentham
Person must have a weapon or instrument, hands not sufficient

Question 28

Caselaw: Being together with another person

Answer 28

R v Joyce
Crown must prove that at least two persons were physically present
R v Galey
Being together, having the common intent to use their combined force

Question 29

Caselaw: Threats continued

Answer 29

R v Mitchell
Threats can be continuing effect where victim may hand over item as a result of previous Threats still operating in victims mind