ROBBERY

Question 1

What are the ingredients of robbery?

Answer 1

Theft
Accompanied by violence/threats of violence
To any person
Used to extory the property stolen or
Prevent or overcome resistance to it being stolen

Question 2

What section is robbery under the Crimes Act 1961?

Answer 2

Section 234 (1)

Question 3

Define dishonestly

Answer 3

Did act without a belief that there was consent or authority for the act. No belief in consent.

Question 4

Define claim of right

Answer 4

a belief at the time of the act in a proprietary or possessory right in the property, although belief may be based on ignorance or mistake of fat or of any matter of law.

Question 5

In relation to the theft aspect of robbery, what defence is there against claim of right? And what does the relevant case law state?

Answer 5

R v Skivington.
Theft is an element of robbery and if the honest belief that a man has a claim of right is a defence to theft then it negatives one of the elements in the offence of robbery without proof of hich the full offence is not made out.
(A genuine belief that they had a claim of right to the property).

Question 6

Define taking

Answer 6

Taking is when the offender moves the property in question, or causes the property to be moved.

Question 7

What is the case law in relation to taking and what does it state?

Answer 7

R v Lapier.
Theft is complete as soon as the property is taken, even if possession by the theif is only momentary, if they have the necessary intent

Question 8

In relation to proving possession, what is the relevant case law and what does it state?

Answer 8

R v Cox. Possession involve two elements - actual or potential physical possession and mental element - the knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 9

Define property

Answer 9

Physical tangible items

Question 10

What is meant by intent to deprive any owner permanently of property

Answer 10

Having an intent to deprive any owner permanently of property so it is not able to be returned in the same condition or ensuring the owner does not get the property back.

Question 11

Define intent.

Answer 11

Intent has two specific types of intention.

Intent to commit a deliberate act and the intention to get a specific result in doing so.

Question 12

What is the case law in relation to intent, and what does it state?

Answer 12

R v Collister -the defendant’s intent could be inferred from the circumstances.

Question 13

What is the circumstantial evidence from which an offender’s intent may be inferred?

Answer 13

The offenders actions and words before, during and after an event.
The surrounding circumstances
The nature of the act itself.

Question 14

In relation to robbery - what does the prosecution have to prove in relation to the accompanied by violence aspect?

Answer 14

The prosecution must prove a connection between the violence or threats and the stealing of the property - it must show that the defendant not only had intent to steal at the time the violence or threat were used but that the violence and threats were used for the purpose of extoring the property or preventing or overcoming resistance to its being stolen.

Question 15

What is the case law that relates to accompanied by violence aspect of robbery and what does it state?

Answer 15

R v Maihi
It is implicit in accompany that there must be a connection between the act of stealing and the threat of violence. Both must be present. Does not need to be contemporaneous.

Question 16

In relation to violence, what is the relevant case law and what does it state?

Answer 16

Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal 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 17

In relation to threat of violence what is the relevant case law and what does it state?

Answer 17

R v Broughton
A threat of violence is the manisfestation 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 both.

Question 18

What are some considerations in relation to circumstances that might relate to a veiled threat?

Answer 18

The relevant ages of all parties involved
Their physiques
Their appearance
their demeanour
What was said and done by those involved
The manner and setting in which the incident took place.

Question 19

What does extort mean?

Answer 19

Means to obtain by coercion or intimidation. Threatens the victim to part with their property.

Question 20

What does prevent mean?

Answer 20

To prevent means to keep from happening. In relation to robbery it means that the offender anticipates resistance from the victim and uses violence or threats to ensure it does not commence.

Question 21

What does overcome mean?

Answer 21

To overcome means to defeat or to prevail. Or to get the better of in conflict. This provision applies when the victim is resisting and the offender uses violence or threats to overpoer and subdue the victim.

Question 22

What are the ingredients of aggravated robbery 235 (c)?

Answer 22

235 (c) Agg Robbery
Being armed with any offensive weapon/instrument/anything appearing to be any offensive weapon or instrument.
Robs
Any person

Question 23

What are the ingredients of agg rob 235 (a)

Answer 23

Robs
Any person
At the time of, immediately before/after
Causes GBH 
To any person

Question 24

What are the ingredients of agg rob 235(b)

Answer 24

Being together with any other person
Robs
Any person

Question 25

GBH is defined by case law, what does this case law state?

Answer 25

Bodily harm need to explanation and grievous means no more or no less than really serious.

Question 26

In relation to 235 (b), physical proximity, what is the relevant case law and what does it state?

Answer 26

R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 27

In relation to 235 (b), joint enterprise. What is the relevant case law and what does it state?

Answer 27

R v Galey
Being together in the context involves two or more persons having the common intention to use their combined force either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 28

What does being armed with mean?

Answer 28

Means the defendant is carrying the item or has it available for immediate use as a weapon.

Question 29

What is an offensive weapon?

Answer 29

Offensive weapon means any article made, altered or intend to be used for causing bodily injury, or a person having such an article with them for such use.