Robbery

Question 1

Section and Penalty

Answer 1

S234(1) CA61

10 Years Imp

Question 2

Ingredients

Answer 2

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 3

Theft

Answer 3

Sec 219 (1) Crimes Act 1961

Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property.

R v Skivington

Question 4

R v Skivington

Answer 4

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 negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

Question 5

Property

Answer 5

Sec 2 Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.R v Lapier

Question 6

R v Lapier

Answer 6

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

Question 7

Actual Possession

Answer 7

Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.R v Cox

Question 8

R v Cox

Answer 8

Possession involves two elements. The first, the physical element, is actual or potential 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.

Question 9

Potential Possession

Answer 9

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

Question 10

R v Maihi

Answer 10

It is implicit in ‘accompany’ that there must be a nexus (connection or link) 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 11

Violence

Answer 11

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 12

Peneha v Police

Answer 12

It is sufficient that the actions of the defendant
forcibly interfere with personal freedom of the person
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 13

Or Threats of Violence

Answer 13

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 14

To Any Person

Answer 14

Gender neutral, proven by judicial notice or circumstantial evidence.

Of note

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

Question 15

Used to Extort the Property Stolen

Answer 15

Extort means to obtain by violence coercion or intimidation or to extract forcibly

Of note

Extortion implies an overbearing of the will of the victim,
the threats induced the victim to part with his property.

Question 16

Or Used to Prevent or Overcome Resistance to it Being Stolen

Answer 16

To prevent; To keep from happening

Or Overcome;To defeat, to prevail over, to get the better of in a conflict.

Question 17

Robbery Liability

Answer 17

Theft
- Theft liability 
- R v Skivington
- Property S2
- R v Lapier
- R v Cox
- Actual possession
- Potential possession
Accompanied by violence
- R v Maihi
- Violence S2
- Peneha v Police
Accompanied by threats of violence
- Threat of violence meaning
To any person or property
- Person meaning
- Property meaning
Used to extort the property stolen
- Extort meaning
OR Prevent or overcome resistance to the property being stolen
- Prevent meaning
- Overcome resistance meaning