Robbery Flashcards
What is S94 of the Crimes Act and its proofs
Robbery/Steal from person
- unlawfully took and carried away of property of some value;
- from the person of another, or in his or her presence, or from under his or her immediate and personal care and protection;
- against his or her will;
- either by force or putting him or her in fear; and
- with the intention of permanently depriving him or her of that property.
Threat of violence cannot occur after the larceny.
14 years
What is the definition of robbery and where is it defined?
Common Law
“a felonious and violent taking of any money or goods from the person of another, putting him in fear”
What is S95 of the Crimes Act and what are three circumstances of aggravation?
Robbery in circumstances of Aggravation;
Immediately before, during after the robbery or larceny:
A) Uses corporal violence OR
B) Intentionally or recklessly inflicts ABH OR
C) Deprives a person of their liberty - (even momentarily)
What is S96 of the Crimes Act and its elements
Robbery with wounding Commits an offence under S95 during which they wound or inflict GBH by Destruction of a foetus OR Permanent or serious difigurement OR Transfer of any grevious bodily disease
Doesn’t require any intent to inflict GBH
25 years
Describe the level of injury required to satisfy actual bodily harm?
Any hurt or injury calculated to interfere with the health or comfort of a person. Need not be permanent but must be more than transient or trifling.
What is S97 of the Crimes Act?
Robbery being armed or in company
Offensive weapon or instrument that includes:
A dangerous weapon
Anything that is made or adapted for offensive purposes
Anything in the circumstances is indeed for use or is used offensively.
In company Another person or persons Common purpose Physically present Perspective of the victim is relevant Still in company even if victim is unaware
20 years
What does armed mean?
To be armed means available for immediate use.
What is the aggravating factor for s97 of the Crimes Act?
Being armed with a dangerous weapon
What is S98 of the Crimes Act?
Robbery with arms and wounding
Armed with an offensive weapon or instrument or in company and
Assaults with intent to rob and
Immediately before during or after
Inflicts GBH or wounds the intended victim
25 years
What is an offensive weapon?
a dangerous weapon, or
any thing that is made or adapted for offensive purposes, or
any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.
What is a dangerous weapon?
- A firearm
- A prohibited weapon
- A speargun
What is the alternate verdict for S94 Robbery/Steal from person
Larceny
