Robbery

Question 1

Section 234(1)

Answer 1

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

Question 2

Theft

Answer 2

Dishonesty
Without Claim of Right
Takes
Any Property
With the Intent of depriving the owner permanently of that property

Question 3

235(a) Crimes Act 1961

Answer 3

Aggravated Robbery
Robs any person
At the time of, or immediately before, or immediately after, the robbery
Causes grevious bodily harm
To any person

Question 4

235(b) Crimes Act 1961

Answer 4

AGGRAVATED ROBBERY
Being together with any other person or persons
Robs
Any Person

Question 5

235(c) Crimes Act 1961

Answer 5

AGGRAVATED ROBBERY
Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
Robs
Any Other Person

Question 6

Taken CL

Answer 6

R v LAPIER
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary

Question 7

NEXUS CL

Answer 7

R v Maihi
It is implicit in accompany that there must be a nexus between the act of stealing and a threat of violence. Both must be present however the term does not require that the act of stealing and the threat of violence be contemporaneous

Question 8

Robbery Defence

Answer 8

R v Skyvington
Defence to theft(claim of right) is a defence to robbery

Question 9

TAKES CL

Answer 9

R v PEAT
the immediate return of goods by the robber does not purge the offence

Question 10

Violence Robbery CL

Answer 10

PENEHA V POLICE
It is sufficient that ‘the actions of the defendant forcibly interfere 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.”

Question 11

THREAT OF VIOLENCE

Answer 11

R V BROUGHTON
A threat of violence “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words, conduct or a combination of both”

Question 12

R v PACHOLOKO

Answer 12

Presence or absence of fear doesn’t matter. It’s the conduct of the accused which has to be assessed

Question 13

POSSESSION CL

Answer 13

R v Cox
2 elements. Physical control over the possession
Knowledge - awareness that you have possession

Question 14

Extort : def

Answer 14

To obtain by coercion or intimidation

Question 15

ANY PERSON CL

Answer 15

R V WELLS
there is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within this section

Question 16

Together with CL

Answer 16

R V JOYCE
The Crown established that at least two persons were physically present at the time the robbery or assault occurred

R v GALEY
Being together - two or more persons having the common intention to use their combined force

Question 17

THING CL

Answer 17

R v BENTHAM
What is possessed must under definition be a thing. A persons hand or fingers are not a thing

Question 18

Offensive weapon

Answer 18

(1) made or altered for causing bodily injury
(2) article capable of being used for causing bodily injury

Question 19

Prevent: def

Answer 19

Keep from happening

Question 20

Overcome

Answer 20

Defeat or prevail

Question 21

236(1)(a)

Answer 21

ASSAULT WITH INTENT TO ROB
With Intent to Rob
Any person
Causes grevious bodily harm to that person or any other person

Question 22

236 (1)(c)

Answer 22

ASSAULT WITH INTENT TO ROB
With Intent to Rob any person
Being together with any person or persons
Assaults
That person or any other person

Question 23

236(1)(b)

Answer 23

ASSAULT WITH INTENT TO ROB
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 24

Previous Threats CL

Answer 24

R v Mitchell
There may be occasions where property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time… the question will be one of fact and degree in each case