Robbery

Question 1

Ingredients to Robbery - Section 234, Crimes Act 1961

Answer 1

• Theft
• Accompanied by violence / threats of violence
• To any person / property
• Used to extort the property stolen
• Or prevent / overcome resistance to it being stolen

Question 2

Ingredients to Aggravated Robbery - Section 235, Crimes Act 1961

Answer 2

• Everyone who
• Robs
• Any person
And:
• Immediately before / At time of / immediately after - Causes GBH to any person
• Being together with any other person
• Being armed with any offensive weapon / instrument / any thing appearing to be weapon / instrument

Question 3

Ingredients to Assault with intent to Rob - Section 236, Crimes Act 1961

Answer 3

• Everyone who
• With intent to rob any person

o Causes GBH to that person
o Being armed with any offensive weapon / instrument / thing appearing to be weapon/inst. -assaults that person (v) OR
o Being together with any other person – assaults that person (v)

Question 4

Case law - Robbery & Aggravated Robbery R V JOYCE

Answer 4

PHYSICAL PROXIMITY - “Together with” requires two or more people are actually present and acting together in the commission of the robbery. Crown to establish 2 physically present.
Joyce = choice = two mates… “Choice bro! Hi Five! We robbed that bitch!”

Question 5

Case law -Robbery & Aggravated Robbery R V GAYLEY

Answer 5

JOINT ENTERPRISE - Mere presence during the commission of robbery, without active participation, is not sufficient. “Being together” involves “two or more persons having the common intention to use their combined force, directly in the perpetration of the crime.”
Gay = gay bashing, almost always a “team” of offenders (think pack-mentality)