Robbery

Question 1

Robbery

Answer 1

Crimes Act 1961 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

10 Years Imprisonment

Question 2

Aggravated Robbery

Answer 2

Crimes Act 1961 Section 235

(A) robs any person at the time of or immediately before or immediately after causes GBH to any person
(B) being together with any other person or persons robs any person
(C) being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any person

14 Years Imprisonment

Question 3

Assault with Intent to Rob

Answer 3

Crimes Act 1961 Section 236(1)

With intent to rob any person
A) causes GBH to that person or any other person
B) being armed with a weapon or instrument or anything appearing to be such a weapon or instrument assaults that person or any other person
C) being together with any other person or persons assaults that person or any other person

14 Years Imprisonment

Section 236(2)

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

7 Years Imprisonment

Question 4

Demand with Intent to Steal

Answer 4

Crimes Act 1961 Section 239(1)

Without claim of right
By force or with any threat
Compels any person to make, execute, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage
With intent to obtain a benefit

14 Years Imprisonment

Crimes Act 1861 Section 239(2)

With menace or by any threat
Demands any property
From any person
With intent to steal it

Question 5

Blackmail

Answer 5

Crimes Act 1961 Section 237(1)

Threatens expressly or by implication
To make any accusation against any person (living or dead) or to disclose something about any person (living or dead) or to cause serious damage to property or endanger the safety of any person with intent
A) to cause the person whom the the threat is made against to act in accordance with the will of the person making the threat and
B) to obtain any benefit or to cause loss to any other person

14 Years Imprisonment

Question 6

Property

Answer 6

Crimes Act 1961 Section 2

Property includes real and personal property and any estate or interest in any real or personal property (money, electricity)and anything in action and any other right or interest

Violence or threats can be directed at any property not just the victims

Question 7

Violence

Answer 7

In the context of robbery must be more than a minimal degree of force and more than a technical assault but does not require physical bodily injury

Whether or not the degree of violence used is sufficient to amount to robbery is a matter of fact for determination in each case

Question 8

Extort

Answer 8

To extort means to obtain by coercion or intimidation

Extortion implies an overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with property

Question 9

Accompanied by

Answer 9

The prosecutor must prove a connection between the violence / threats and the stealing of the property and
That the defendant had an intent to steal at the time of the violence / threats were used to extort property or prevent / overcome resistance to it being stolen

Question 10

Being armed

Answer 10

The defendant is carrying the item or has it available for the immediate use as a weapon

Question 11

Claim of Right

Answer 11

A belief that at the time of the act in a propriety or possessory right in property in respect to which the offence is alleged to have been committed although the belief may be based on ignorance or mistake of the fact or of any other matter of the law other than the enactment against which the offence is alleged to have been committed

Question 12

R v Skivington

Answer 12

Theft is an ingredient of robbery, if there is an honest belief of claim of right then there is no robbery

Question 13

Theft

Answer 13

Crimes Act 1961 Section 219

Dishonest and without claim of right takes any property with intent to deprive any owner permanently of the property or of any interest in that property

Theft is complete the moment the item is moved with the intent to steal it

Question 14

Intent to Deprive Owner

Answer 14

The property can not be returned to any owner in the same condition or the owner is permanently deprived

Intent means to do it, they desire a specific result and act aim or purpose of achieving it

Question 15

Instrument

Answer 15

Any item intended to be used as a weapon

Question 16

To any person

Answer 16

The theft and the GBH does not need to be committed on the same person, violence may be directed on anyone

Question 17

Grievous Bodily Harm

Answer 17

Harm that is really serious

DPP v Smith
Bodily harm needs no explanation, grievous means no more or no less than really serious

Question 18

At the time / immediately before or after

Answer 18

The term immediate refers to the connection in time between the robbery and the infliction of GBH

Question 19

Extort

Answer 19

To obtain by coercion or intimidation
Implies an overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with his property

Question 20

Threats

Answer 20

A direct or veiled warning that violence will be used if the victim does not submit to the robbers demands

Question 21

Offensive Weapon

Answer 21

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

Question 22

Overcome

Answer 22

To defeat, to prevail over, to get the better of in conflict. Must show that violence / threats overcome resistance

Question 23

Being together with

Answer 23

A joint enterprise of two or more persons physically present at the robbery

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

R v Galey
Two or more persons having the common intention to use their combined force

Question 24

Possession - actual or constructive

Answer 24

Actual Possession
Is in the persons physical custody, it is on or about the person or immediately at hand

Constructive Possession
When it is not in a persons physical custody but have ready access to it or can exercise control over it

Question 25

Anything appearing to be such

Answer 25

Any object appearing to be an offensive weapon or instrument but does not include part of the body

R v Bentham
A thing does not include a part of a persons body

Question 26

Police v Peneha (violence Robbery)

Answer 26

It’s sufficient that the defendants actions interfere with the personal freedom and tend to cause bodily injury or discomfort

Question 27

R v Bentham (offensive weapon / instrument)

Answer 27

A thing does not include a part of the body

Question 28

R v Galey

Answer 28

Two or more persons having the common intention to use their combined force

Question 29

R v Maihi (robbery accompanied by violence)

Answer 29

Must be a connection btw the stealing and the threat of violence, does not require that they be contemporaneous

Question 30

R v Lapier (robbery - theft - takes

Answer 30

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

Question 31

Warner v Metropoliton Police Commissioner

Answer 31

Ideal possession is actual physical control and knowledge of its existence situation and qualities

Question 32

R v Joyce

Answer 32

The crown must prove that at least two persons were physically present at the time the robbery was committed or the assault occurred

Question 33

R v Skivington

Answer 33

Any defence for a charge of theft will also be a defence to a charge of Robbery therefore the defence of claim of right is a defence to robbery