Robbery

Question 1

section

Answer 1

234(1) Crimes Act 1961 10yrs

Question 2

Ingredients

Answer 2

1/Theft
2/Accompanied by violence OR Threats of violence
3/ To any person or property
4/ Used to extort the property stolen OR To prevent or overcome resistance to its being stolen.

Question 3

Theft

Answer 3

Theft 
-Dishonestly 
-and without claim of right
-takes any property with intent to deprive any owner permanently of that property
-or of any interest in that property
Sec 219(1) CA 61

R V Skivington
Larceny or theft is an ingredient of robbery, and if an honest belief that a man has a claim of right is a defence to larceny , then it negatives one of the ingredients of robbery, without proof of which the full offence is not made out

R V Lapier
Robbery is complete the instant is property is taken even if possession by the thief is momentary

Possession may be actual or constructive.

Actual possession
Actual possession arises where the thing in question is in a persons physical custody;it is on or about their person or immediately at hand

Ideal Possession ( Actual)
The term possession must be given a sensible and reasonable meaning in its context, Ideally a possessor of a thing has:
- complete physical control over it
- knowledge of is existence,situation and its qualities.

Warner V Metropolitan Police Commissioner

OR

Constructive possession
Constructive possession arises when something is not in a persons physical custody, but they have ready access to it or can exercise control over it.

Question 4

Accompanied by violence OR threats of violence

Answer 4

Accompanied by
The prosecution must prove:
- A connection between the violence or threats of violence and the stealing of the property.
-The defendant had an intent to steal a the violence or threats were used.
-The violence or threats were used for the purpose of extorting the property or preventing or overcoming its resistance to being stolen.

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

Violence
In the context of robbery violence must involve more that a minimal degree of force ad more that technical assault , but need not involve the infliction of bodily injury

Peneha V Police

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort

OR
Threats of violence
A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands

Threats may also conveyed by inference through the defendants conduct demeanour or even appearance depending on the circumstances.

R V Broughton

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

Question 5

To any person OR Property

Answer 5

To any person
Gender neutral - proven circumstantially or by judicial notice.

Violence or threats can be directed at any person not just the victim and any property or interest.

OR
Property - Sec 2 CA61
Property includes any real or personal property and any interest in any real or personal property,money,electricity and any debt and anything in action and any other right or interest.

Question 6

Used to extort the property stolen OR

Prevent or overcome resistance to it being stolen

Answer 6

Extort
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 his property.

Property - Sec 2 CA61
Property includes any real or personal property and any interest in any real or personal property,money,electricity and any debt and anything in action and any other right or interest.

OR

Property - Sec 2 CA61
Property includes any real or personal property and any interest in any real or personal property,money,electricity and any debt and anything in action and any other right or interest.

OR

Prevent
to keep from happening

Overcome resistance
to defeat, to prevail,to get the better of in a conflict.