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Violence Offences CIB 010 > Robbery > Flashcards

Robbery Flashcards

1
Q

Section 234

A

Robbery
10 years imprisonment

  • Theft
  • Accompanied by violence
  • To any person or property
  • used to extort the property stolen OR prevent or overcome resistance
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2
Q

Elements of theft

A
  • Dishonestly
  • Without claim of right
  • Takes
  • Property
  • With intent
  • To permanently deprive the owner of that property
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3
Q

Dishonestly

A

Without belief there was expressed or implied consent from the owner

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4
Q

Without claim of right

A

Without belief and a propriety or possessory right to the property

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5
Q

Taking

A

Theft is committed by taking or causing it to be moved

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6
Q

To permanently deprive the owner of that property

A

Owner will never regain the property

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7
Q

R v Maihi

A

They must be a nexus (connection) between the act of stealing and the threat of violence. Both must be present.

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8
Q

Peneha v Police

A

Actions of the defendant forcibly interfere with the personal freedom of the victim tending to cause bodily injury or discomfort

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9
Q

R v Broughton

A

The threat of violence is the manifestation of the intent to inflict violence unless the property is handed over.

May be direct or indirect conveyed by words or contact or both

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10
Q

To extort the property stolen

A

To obtain by collision or intimidation

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11
Q

To prevent or overcome resistance

A

Prevent means to keep from happening

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

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12
Q

Section 235(a)

A

Aggravated robbery (GBH)
14 years imprisonment

  1. Robs any person
  2. At the time of, immediately before or immediately after
  3. Causes GBH
  4. To any person
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13
Q

R v Lapier

A

Theft is complete when the property is taken, even if only momentarily

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14
Q

Section 235(b)

A

Aggravated robbery (being together with)
14 years imprisonment

  1. Being together with any other person or persons
  2. Robs
  3. Any person
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15
Q

R v Joyce

A

Two or more people were physically present at the time the robbery was committed or the assault occurred

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16
Q

R v Galey

A

Two or more people having the common intent to use their combined force directly and the perpetration of the crime

17
Q

Being together with

A

Two or more people present actively participating in the commission of the offence

18
Q

Section 235(c)

A

Aggravated robbery (offensive weapon)
14 years imprisonment

  1. Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument
  2. Robs
  3. Any person
19
Q

Offensive weapon

A

According to Section 202A crimes act and offensive weapon is an article made or altered for use causing bodily harm or is intended by the person caring with him for such use

20
Q

Being armed with

A

Carrying the item with him or has it available for immediate use as a weapon

21
Q

R v Skivington

A

A belief and claim of right is genuinely held as a defence to theft

22
Q

Section 236(1)(a)

A

Assault was intent to Rob (GBH)
14 years imprisonment

-with intent
- To rob any person
- Causes GBH
- To any other person

23
Q

Section 236(1)(b)

A

Assault with intent to rob (offence weapon)
14 years imprisonment

  1. With intent to rob any person
  2. Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument.
  3. Assaults that person or any other person.
24
Q

Section 236(1)(c)

A

Assault with intent to Rob (being together with)
14 years imprisonment

  1. With intent to Rob any person
  2. Being together with another person or persons
  3. Assaults
  4. That person or another person.
25
Q

Section 236(2)

A

Assault with intent to Rob (no other factors)
7 years imprisonment

  1. Assaults
  2. Any person
  3. With intent to rob
  4. Any person
26
Q

Actions when robbery reported

A

From informant obtain
- suspected, weapons, injuries, property stolen

Broadcast staff
Delta, Eagle
If no offender on scene and maintain obs, contact AOS, CIB
Set SFP
If no offender, freeze control preserve, locate VOI, scene exam

27
Q

R v Bentham

A

A thing doesn’t include a part of a persons body

In Australia and Canada, a dog is a weapon

28
Q

R v Mitchell

A

Occasions where property is handed over as a result of previous threats still operating on the mind of the victim at the time

29
Q

Ownership

A

Defined by section 218 crimes act 1961

At the time of the theft:
- Possession/control of the property OR
- Any interest in the property OR
- Right to take possession or control of the property

30
Q

Responding to intended robbery

A
  • evaluate reliability of information. CHIS? Number of staff? Suspicious people? Corroborate
  • Photos of suspects
  • telco
  • Background info (NIA)
  • Advise OC CIB, intel, AOS, comms
  • liase with victim
  • CCTV

Violence Offences CIB 010 (8 decks)

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