Robbery

Question 1

Robbery 234 (1) Crimes Act 1961

Answer 1

Theft
Accompanied by violence or threats of violence
To any personal property
Used to extort the property stolen or prevent or overcome resistance to it being stolen

Question 2

235(a) Crimes Act 1961

Answer 2

Aggravated robbery

Rob in person
At the time or immediately before or immediately after the robbery
Causes GBH
To any person

Question 3

235(b) Crimes Act 1961

Answer 3

Aggravated robbery.

Been together with any other person or persons.
Robs any person

Question 4

235(c) Crimes Act 1961

Answer 4

Aggravated robbery

Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
Rob
Any person

Question 5

236 (1)(a)

Answer 5

Assault with intent to rob.

With intent to rob any person
Causes GBH

Question 6

236 (1)(b)

Answer 6

Assault with intent to rob

With intent to rob any person
Being armed with weapon,
Assault person

Question 7

236 (1)(c)

Answer 7

Assaulted with intent to rob.

With intent to rob person
Been together with any person,
Assault person

Question 8

236 (2)

Answer 8

Assault with intent to rob.

Assaults any person
With intent to rob

Question 9

Elements of theft

Answer 9

Dishonestly
Without glamour
Peaks
Property
With intent to deprive permanently

Question 10

Definition of taking

Answer 10

Taking is complete when object is moved

Question 11

Definition of accompanied by violence

Answer 11

Need not to be actual assault. Implied threat however must be sufficient to constitute violent and must prove threats were used with intention to extort person.

R V Maihi - accompany must be connection and linked between violence and theft. (Nexus)

Question 12

Definition of violence

Answer 12

In context of robbery violence must involve more than minimal degree of force or more than technical assault. Need not involve inflection of bodily harm.

Peneha V Police - (violence) actions of defendant forcibly interfere with victims personal freedom. Therefore, violence or threats must be more than minimal.

Question 13

Case law for GBH

Answer 13

DPP V Smith - grevious means no more than really serious and no less than really

Question 14

Definition and case law of threat

Answer 14

Circumstances can help determine threat.

R V Broughton - manifestation of intention to inflict of violence can be through words or actions. Surrounding circumstances will show with a threats victim fears were sufficient.

Question 15

Definition of extort

Answer 15

Obtained by caution or intimidation. Overbearing The will of the victim.

Question 16

Definition of prevent

Answer 16

Keep from happening

Question 17

Definition of overcome

Answer 17

Defeat, prevail over, get better off in conflict

Question 18

Definition of causes

Answer 18

In relation to GBH defendant must be criminally responsible for it

Question 19

The definition and case law for joint enterprise

Answer 19

Me presence in commission of robbery or without active participation is not sufficient to charge someone. Standing as a lookout for someone is not aggravated robbery however could be party two.

R V Joyce - master established two people present at the time

R V Galey - both people committing offence must have same intent

Question 20

Being armed with

Answer 20

Caring or readily available

Question 21

Definition of offensive weapon

Answer 21

Defined in section 202A crimes act 1961.

1. Items that are made solely for the purpose of attack or inflicting injury. Such as firearms swords.
2. Items that may otherwise have an innocent purpose but have been altered or adapted for use for causing injury. such as a bottle that has been deliberately broken.

3.items that are intended to cause injury which includes anything capable of causing injury that is carried by the defendant for that purpose. Such as a baseball bat or knife.

Question 22

Definition of instrument

Answer 22

An item intended to be used as a weapon