Robbery

Question 1

Robbery

Answer 1

Section 234 (1) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

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

Dishonestly and without claim of rights takes any property with intent to deprive any owner permanently of that property or of any interest in that property.
Section 219 (1) Crimes Act 1961

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 negatives on of the ingredients in the offence of robbery without proof of which the full offence is no made out.

Question 6

Property

Answer 6

Property includes any 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
Section 2, Crimes Act 1961

Question 7

R v Lapier

Answer 7

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

Question 8

Actual possession

Answer 8

Means that the person actually has the thing in question in their custody or control.

Question 9

R v Cox

Answer 9

Possession involves two elements.

1) physical element: is actual or potential physical custody or control.
2) mental element: is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 10

Potential Possession

Answer 10

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

Question 11

Accompanied by

Answer 11

The prosecution must prove:

1) A connection between the violence or threats of violence and the stealing of the property
2) The defendant had intent to steal at the time the violence or threats were used
3) The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen.

Question 12

R v Maihi

Answer 12

It is implicit in ‘accompany’ that there must be a nexus (connection or time) 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 13

Violence

Answer 13

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 14

Peneha v Police

Answer 14

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

Question 15

Threats of violence

Answer 15

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

Question 16

R v Broughton

Answer 16

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 17

Person

Answer 17

Gender Neutral. Proven by judicial note or circumstantially.

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

Question 18

Extort

Answer 18

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.

Question 19

Prevent

Answer 19

To keep from happening.

Question 20

Overcome resistance

Answer 20

To defeat, to prevail over, to get the better of in a conflict