Robbery

Question 1

Section

Answer 1

Sec 234 (1), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

1) Theft
2) Accompanied by violence
OR
threats of violence
3) To any person or property
4)Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen

Question 4

Theft

Answer 4

Sec 219 (1) Crimes Act 1961

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.

R v Skivington

Question 5

R v Skivington

Answer 5

Larceny (or theft) is an ingredient of Robbery,and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

Question 6

Property

Answer 6

Sec 2 Crimes Act 1961

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.

R v Lapier

Question 7

R v Lapier

Answer 7

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

Question 8

Possession

Answer 8

Possession may be actual or potential

Question 9

Actual Possession

Answer 9

Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.

R v Cox

Question 10

R v Cox

Answer 10

Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness of the accused that the substance is in his possession and an intention to exercise possession.

Question 11

Potential Possession

Answer 11

Potential possession arises when the person has the potential to have the thing in question in their control.

Question 12

Accompanied by Violence

Answer 12

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 at the time the violence or threats were used
• The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen

R v Maihi

Question 13

R v Maihi

Answer 13

It is implicit in ‘accompany’ that there must 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.

Question 14

Violence

Answer 14

In the context of Robbery, violence must be more than a minimal degree of force and more than a technical assault but does not involve the infliction of bodily injury.

Peneha v Police

Question 15

Peneha v Police

Answer 15

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

Question 16

Or Threats of Violence

Answer 16

A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands

Threats may also be conveyed by inference through the defendant’s conduct, demeanor or even appearance, depending on the circumstances.

Rv Broughton

Question 17

R v Broughton

Answer 17

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 or veiled. It may be conveyed by words or conduct or a combination of both.

Question 18

To Any Person

Answer 18

Gender neutral, proven by judicial notice or circumstantial evidence.

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

Question 19

Used to Extort the Property Stolen

Answer 19

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.

Question 20

Or Used to Prevent or Overcome Resistance to it Being Stolen

Answer 20

To prevent;
To keep from happening

Or Overcome;
To defeat, to prevail over, to get the better of in a conflict.