Robbery

Question 1

Section

Answer 1

Section 234(1), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

1)Theft
2) Accompanied by violence OR Threat 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

• Dishonesty 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 5

True or False

Possession may be actual or intellectual

Answer 5

False

Possession may be actual or constructive

Question 6

Actual possession

Answer 6

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

Question 7

potential possession

Answer 7

Constructive possession arises when something is not in a person’s physical custody, but have ready access to it or can exercise control over it.

Question 8

What are the elements for accompanied by

Answer 8

Prosecution must prove:

• A connection between the violence or threats of violence and the stealing of the property.
• The Defendant had an intent to steal at the time the violence or threats were used.
• The violence or threats were used for the purpose of extorting the the property , or preventing or overcoming resistance to it being stolen

Question 9

Select the correct answer
In the contexts of robbery Violence must involve:
a) more than a minimal degree of force
b) more than a technical assault
c) need not involve the infliction of a bodily injury
d) Actual bodily harm

Answer 9

a, b, c

Question 10

True or False
Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances.

Answer 10

True

Question 11

Threats of violence

Answer 11

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

Question 12

R v Skivingtion (larceny)

Answer 12

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.

Question 13

R v Lapier (Robbery is complete)

Answer 13

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

Question 14

Warner v Metropolitan Police Commissioner (ideal possession)

Answer 14

The term possession must be given a sensible an reasonable meaning in its context. Ideally a possessor of a thing has:

• Complete physical control over it
• Knowledge of its existence, its situation and its qualities.

Question 15

R v Maihi (accompanied)

Answer 15

It is implicit in accompany that there must be a nexus 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 16

Peneha v Police

Answer 16

It is sufficient that the actions of the defendant forcibly interfere with the 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

R v Broughton 1986 1 NZLER 641

(threats of violence) Conduct of the offender

Answer 17

• The relative ages of the parties
• respective physiques
• appearance
• demeanour
• what was said and done by those involved
• manner and setting in which the incident took place

Question 18

True or false

Violence or threats of violence can be directed at any person not just the victim and any property

Answer 18

True

Question 19

Any person

Answer 19

Gender neutral. Proven by the judicial notice or circumstantially.

Question 20

What does property include?

Answer 20

• Real or personal property
• Any estate or interest in any real or personal propery
• Money
• Electricity
• Any debt
• Anything in action and any other right of interest.

Question 21

The elements of extortion

Answer 21

Obtain by

• Coercion or
• Intimidation

Question 22

What does extortion imply?

Answer 22

An overbearing of the will of the victim.

Question 23

What must the prosecution show to prove extortion ?

Answer 23

The threats induced the victim to part with his property.

Question 24

“to keep from happening” means

Answer 24

prevent

Question 25

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

Answer 25

Overcome resistance

Question 26

Claim of right

Answer 26

1) belief in proprietary or possessory right to the property
2) Belief must be about the property in which the offence has been committed.
3) Belief held at the time of the offence
4) Belief is actually held by the Defendant

Question 27

R v Cox

Answer 27

Possession involves two elements. The first, the physical element, is actual or physical custody or control. The second, the 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