Robbery

Question 1

Define Accompanied By […violence]

Answer 1

The prosecution must prove a connection between the violence or threats and the stealing of the property – it must be shown that the defendant not only had an intent to steal at the time the violence or threats were used, but that the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to its being stolen.

It would not be sufficient for robbery, for example, if the defendant punched a person for an unrelated reason then took the victim’s wallet as an afterthought.

Question 2

Commentary on Violence

Answer 2

The Courts have accepted that there is a “recognised gradation of violence from one end of a spectrum to the other”.

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

Question 3

Define Threat

Answer 3

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

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

Question 4

Define Purpose of Violence Threat

Answer 4

The prosecution must prove that the purpose of the violence or threats was to extort the property stolen, or to prevent or overcome resistance to its being stolen.

It is not sufficient that the offender simply used violence or threats if such use was for some collateral purpose.

Question 5

Define to Extort

Answer 5

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 their property.

Question 6

Define Prevent

Answer 6

To “prevent” means “to keep from happening”.

This provision applies when the offender anticipates resistance from the victim, and uses violence or threats to ensure it does not commence.

Question 7

Define Overcome

Answer 7

To “overcome” means “to defeat; to prevail over; to get the better of in a conflict”.

This provision will therefore apply when the victim is resisting, and the offender uses violence or threats to overpower and subdue the victim.

Question 8

Define Immediately before or After (Violence)

Answer 8

The term “immediately” refers to the connection in time between the robbery and the infliction of grievous bodily harm. Whether or not that connection amounts to “immediate” is a matter of fact and degree to be considered in each case.

Question 9

Define Any Person

Answer 9

The person suffering grievous bodily harm need not be the person robbed.

The Court in R v Wells held that there is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.

Question 10

Define Being Together With

Answer 10

There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more people who were physically present at the robbery.

Each must share an intent to steal using their collective force should that be necessary, and each must play some active role in the robbery.

Question 11

Define Physical Proximity

Answer 11

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

In R v Joyce the defendant was charged with aggravated robbery by being “together with” two co-offenders during a robbery. One of the co-offenders had gone into a service station and robbed the attendant, while Joyce and another were “lurking in the neighbourhood” but taking no physical part in the robbery.

The Court of Appeal quashed Joyce’s conviction, stating that section 235(b) is “intended to provide for cases where the victim was confronted by two or more persons acting in concert”.

Question 12

Define Being Armed With

Answer 12

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 13

Define Offensive Weapon

Answer 13

The term “offensive weapon” is defined in section 202A, Crimes Act 1961 for the purposes of possessory offences under that section, however the definition still has some relevance to section 235(c).

Section 202A, Crimes Act 1961
Possession of offensive weapons or disabling substances
(1) In subsection (4)(a) of this section offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 14

Define Instrument

Answer 14

The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 15

Define Any Thing Appearing to be such (…a weapon)

Answer 15

The legislation recognises that harmless but convincing replicas of weapons, such as imitation firearms, will cause just as much apprehension in the mind of the victim as the real thing.

They have much the same capacity to frighten and enforce compliance, and those threatened have little opportunity or inclination to examine the nature of the weapon used.

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

However a “thing” does not include a part of a person’s body.

Question 16

Define Menaces

Answer 16

To demand something “with menaces” means to do so by way of threats or in a threatening manner.

The threat need not be one of violence; words or conduct suggesting that something detrimental or unpleasant is intended would suffice, and the threat may be conveyed in any manner.