Robbery

Question 1

Robbery

Answer 1

Section 234(1) Crimes Act 1961
Penalty 10 years

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 2

Aggravated Robbery 1

Answer 2

Section 235(a) Crimes Act 1961
Penalty 14 years

1. Robs any person
2. • and at the time of
     OR
   • immediately before
     OR
   • immediately after the robbery
3. Causes GBH to any person

Question 3

Aggravated Robbery 2

Answer 3

Section 235(b) Crimes Act 1961
Penalty 14 years

1. Being together with any other person or persons
2. Robs
3. Any person

Question 4

Aggravated Robbery 3

Answer 4

Section 235(c) Crimes Act 1961
Penalty 14 years

1. Being armed with any offensive weapon
   OR
    Instrument 
   OR
    Anything appearing to be such a weapon or instrument 
2. Robs
3. Any person

Question 5

Theft

Answer 5

• dishonestly
• and without claim of right
• taking any property with intent to deprive any owner permanently of that property
• Or of any interest in that property

Question 6

Case law

R v Skivington

Answer 6

R v Skivington

“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 negatives one of the ingredients in the offence of Robbery, without proof of which the full offence is not made out.”

Question 7

Property

Answer 7

Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 8

Case law

R v Lapier

Answer 8

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

Question 9

Actual possession definition

Answer 9

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