Robbery Flashcards
What are the elements of Robbery?
Theft
Accompanied by violence OR threats of violence
To any person OR to any property
Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen.
Define ‘used to extort the property stolen’
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will
Define ‘to prevent or overcome resistance to the property being stolen’
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
Define ‘accompanied by violence’
Violence before or at the time of the theft
Define ‘accompanied by threats of violence’
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
When is the offence of robbery complete?
The offence of robbery is complete when the property is physically moved, much like theft, violence has been used to overcome resistance, as soon as the property is moved from the lawful owner, robbery is complete.
Intent to steal must be present at the time of the robbery, the intent to steal cannot form after an assault, in that case your looking at 2 separate charges.
Define Robbery
Theft accompanied by violence or threats of violence to a person or property used to extort the property stolen or to overcome resistance to the property being stolen.
What is the difference between used to extort property and overcoming resistance?
Extortions is when the property was handed over against the will if the person, whereas overcoming resistance it was physically taken from or off their persons.
Can the threat be made against a third party or must it be against the person being robbed?
A threat can be made to any person, therefore it can be made against anybody at all.
What offences are committed if violence or threats of violence are made but no property is taken?
Assault with intent to rob OR
Demanding with menace
Both of which the penalty is 7 years.
