Robbery

Question 1

Elements of robbery

Answer 1

Section 234(1)
Theft
Accompanied by violence OR threats of violence
To any person or property
Used to extort the property stolen OR To prevent or overcome resistance to it being stolen

Question 2

Dishonestly

Answer 2

Done or omitted without a belief that there was an express or implied consent or authority.

Question 3

Claim of right

Answer 3

Belief in a possessory or proprietary right
Belief in relation to the property to which the offence is alleged to have been committed
Belief must be held at the time of conduct
Belief must be held by the defendant

Question 4

Case law for claim of right

Answer 4

R v Skivington
Larceny (theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives out one of the elements in the offence of robbery, without proof of which the full offence is not made out.

Question 5

Case law for taking

Answer 5

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

Question 6

Case law for possession

Answer 6

R v Cox
Possession involves two elements; physical and mental. Physical being the actual or potential physical custody or control. Mental is a combination of the knowledge of possession and an intention to exercise that possession.

Question 7

Property

Answer 7

Real or personal property

Question 8

Deprive owner permanently

Answer 8

Desire or foresee as visually certain that the owner will never regain the property.

Question 9

Case law for accompanied by

Answer 9

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

Question 10

Case law for violence

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 motion or action producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 11

Case law for threats of violence

Answer 11

R v Broughton
A threat of violence is a manifestation of an intention to inflict violence unless the property or money is handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

R v Pacholko
The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused that needs to be assessed rather than the strength of the nerves of the person threatened.

Question 12

Extort

Answer 12

To obtain by violence, coercion or intimidation or to extract forcibly. Implies an overbearing of the will of the victim.

Question 13

Prevent

Answer 13

To keep things from happening. The offender anticipates resistance from the victim so uses violence/threats to ensure it does not start.

Question 14

Overcome

Answer 14

When the victim is resisting the offender uses violence/threats to overpower and subdue the victim.

Question 15

Aggravated robbery (a)

Answer 15

Section 235(a)
Robs any person
At the time of, immediately before or immediately after the robbery
Causes GBH to any person

Question 16

Aggravated robbery (b)

Answer 16

Section 235(b)
Being together with any other person/s
Robs any person

Question 17

Aggravated robbery (c)

Answer 17

Section 235(c)
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
Robs any person

Question 18

Case law for being together with

Answer 18

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

R v Galey
Being together in this context involves two or more persons having the common intention to use their combined force, either in any event or circumstances might require directly in the perpetration of the crime.

Question 19

Offensive weapon

Answer 19

Any article made or altered for use for such causing bodily injury or intended by the person having it with him for such use.

Question 20

Instrument

Answer 20

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

Question 21

Anything appearing to be such

Answer 21

It must be proved that the object appeared to be an offensive weapon or instrument to the victim and the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon. A hand under a jacket to give the impression of a gun is not included. Does not include the use of body parts.

Question 22

Elements of assault with intent to rob (a)

Answer 22

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

Question 23

Elements of assault with intent to rob (b)

Answer 23

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

Question 24

Elements of assault with intent to rob (c)

Answer 24

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

Question 25

Elements of assault with intent to rob (2)

Answer 25

Section 236(2)
Assaults
Any person
With intent to rob that person or any other person

Question 26

Investigation procedures for robbery (10)

Answer 26

1. Secure the safety of Police and the public
2. Prevent the crime
3. Contain the area of the offence
4. Gather the evidence from the crime scene and preserve it
5. Establish and then eliminate suspects
6. Identify the offender
7. Locate the offender
8. Search the offender and their premise
9. Establish if any case for prosecution
10. Prepare file for prosecution