Robbery

Question 1

Robbery

Answer 1

234(1)
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

Aggravated Robbery GBH

Answer 2

S235(a)
Robs any person
At the time of OR immediately before OR immediately after the robbery
Causes GBH
To any person

Question 3

Aggravated Robbery Together With

Answer 3

S235(b)
Being together with any other person or persons
Robs
Any person

Question 4

Aggravated Robbery With a Weapon

Answer 4

235(c) being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument,
Robs
Any person

Question 5

Assault with Intent to Rob GBH

Answer 5

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

Question 6

Assault With Intent To Rob Weapon

Answer 6

236(1)(b)
With intent to rob any person
Being armed with an offensive weapon or instrument OR anything appearing to be such a weapon or instrument
Assaults that person or any other person

Question 7

Assault With Intent To Rob Together with

Answer 7

236(1)(c)
With intent to rob any person
Being together with any other person or persons
Assaults that person or any other person

Question 8

Assault With Intent to Rob S236(2)

Answer 8

Assaults any person
With intent to rob that person or any other person.

Question 9

Claim of Right

Answer 9

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in relation to which the offence is alleged to have been committed.

Question 10

R v Skivington

Answer 10

Theft is an element of robbery, and if the honest belief of claim of right is a defense to theft, then it removes an element of robbery (theft) of which the offence is not made.

Claim of right is a defense to robbery.

Question 11

R v Lapier

Answer 11

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

Question 12

R v Peat

Answer 12

In the case of theft, the immediate return of goods by the robber does not purge the offence, subject always to the necessary intent existing at the time of taking.

Question 13

R v Cox

Answer 13

Possession involves two elements being physical and mental

Physical:
- Actual Possession
- Potential Possession

Mental:
- Knowledge
- Intent

Question 14

Property

Answer 14

As defined in S2(1) of the CA 1961 property includes any real and personal property, real estate, money, electricity, debt, and anything in action and any other right or interest.

Question 15

R v Collister

Answer 15

Circumstantial evidence can point to the necessary intent.

The offenders words and actions before, during and after.
The surrounding circumstances.
The nature of the act itself

Question 16

R v Maihi

Answer 16

In ‘accompany’ there must be a nexus (connection or link) between the act of stealing and threat of violence. Both must be present, however, do not have to be simultaneous.

Used in any robbery liability.

Question 17

R v Mitchell

Answer 17

There may be occasions where property is handed over to a thief as a result of previous threats made, but still on the mind of the victim.

Question 18

Peneha v Police

Answer 18

It is sufficent that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible, powerful or violent action or motion tending to cause bodily injury.

Used in “violence” liability

Question 19

R v Broughton

Answer 19

A threat of violence is the manifestation of intention to inflict violence. The threat may be direct or veiled. It may be conveyed in words or actions. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’.

Question 20

Extort

Answer 20

Means to obtain by coercion or intimidation.

Question 21

Prevent

Answer 21

Means to keep from happening.

Question 22

Overcome

Answer 22

Means to defeat, or to prevail to get the better of in conflict.

Question 23

DPP v Smith

Answer 23

Grievous means no more and no less then really serious.

Question 24

R v Joyce

Answer 24

The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occured.

Question 25

R v Galey

Answer 25

Being together involves two or more people 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 26

Offensive Weapon Definition

Answer 26

As per S202A of the CA 1961 offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.

Question 27

Three Broad Classes of Offensive Weapon

Answer 27

Items that are made solely for the purpose of inflicting bodily harm or injury such as firearms.
Items that may otherwise have an innocent purpose but have been altered or adapted for use causing injury such as a broken bottle.
Items that are intended to cause injury, which are carried by the defendant for that purpose such as a baseball bat or knife.

Question 28

R v Bentham

Answer 28

What is possessed must be a thing. Fingers do not count as a thing.