Robbery

Question 1

Section 234(1)

Answer 1

Robbery

• theft
• accompanied by violence OR accompanied by threats of violence
• to any person
• used to extort the property stolen OR to prevent or overcome resistance to its being stolen

Question 2

Theft elements

Answer 2

• dishonestly
• without claim of right
• takes any property
• with intent to deprive the owner permanently of that property

Question 3

Section 235(a)

Answer 3

Aggravated robbery

• robs any person
• at the time of OR immediately before OR immediately after the robbery
• causes GBH
• to any person

Question 4

Section 235(b)

Answer 4

Aggravated robbery

• being together with any other person or persons
• robs
• any person

Question 5

Section 235(c)

Answer 5

Aggravated robbery

• being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
• robs
• any other person

Question 6

Section 236(1)(a)

Answer 6

Assault with intent to rob
- with intent to rob any person
- caused GBH to that person or any other person

Question 7

Section 236(1)(b)

Answer 7

Assault with intent to rob

• with intent to rob any person
• being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
• assaults that person or any other person

Question 8

Section 236(1)(c)

Answer 8

Assault with intent to rob

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

Question 9

Section 236(2)

Answer 9

Assault with intent to rob

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

Question 10

R v Skivington

Answer 10

Theft is an element of robbery. If the honest belief that a man has a claim of right is a defence then it negates the elements of the offence. Without proof of which the full offence is not made out

Question 11

R v Lapier

Answer 11

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 12

R v Cox

Answer 12

Physical element - actual or potential physical custody or control

Mental element - combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession

Question 13

R v Maihi

Answer 13

There must be a nexus between the act of stealing and a threat of violence. Both must be present

Question 14

Peneha v Police

Answer 14

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort

Question 15

R v Broughton

Answer 15

A threat of violence is the manifestation to an intention to inflict violence unless the money or properly be handed over

Question 16

R v Joyce

Answer 16

There must be at least two persons physically present at the time the robbery was committed or the assault occurred

Question 17

R v Galey

Answer 17

Being together involved two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 18

Dishonestly

Answer 18

Does or omits an act without belief that there was express or implied consent

Question 19

Without claim of right

Answer 19

A belief at the time in a propriety or possessory right in the property

Question 20

Takes

Answer 20

Theft is committed by taking or causing it to be moved

Question 21

Property

Answer 21

Real and personal property

Question 22

With intent

Answer 22

An intention to commit an act and an intention to produce a specific result

Question 23

Accompanied by violence

Answer 23

Case law

R v Maihi
There must be nexus between the act of stealing and the threat of violence. However it doesn’t not mean that they need to be contemporaneous

Peneha v Police
The actions of the defendant interfere with victim with such force to cause injury or discomfort

Question 24

Used to overcome resistance

Answer 24

Overcome means to defeat, prevail to get better off in conflict

Question 25

Offensive weapon

Answer 25

X is an offensive weapon as per section 202A of CA 1961.

Article made or altered for use causing bodily harm

Carrying with the intention to inflict bodily harm

Question 26

Three broad classes of offensive weapons

Answer 26

1. Made solely for purpose of attacking or inflicting injury
2. Innocent purpose but has been altered/adapted for causing injury e.g. broken bottle
3. Intended to cause injury. Includes anything capable of causing injury e.g. knife, baseball bat

Question 27

Instrument

Answer 27

Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist