Robbery

Question 1

Ingredients robbery

Answer 1

1. Theft
2. Accompanied by violence
   OR
   By 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 2

Robbery Act and section

Answer 2

S234 (1), CA1961

Question 3

Robbery Penalty

Answer 3

10 years

Question 4

Theft definition

Answer 4

Dishonestly
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

Theft case law

Answer 5

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily R v Lapier

Question 6

Possession definition

Answer 6

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

Question 7

Accompanying case law

Answer 7

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 …” R v Maihi

Question 8

Violence definition and caselaw

Answer 8

Violence: 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. 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.” Peneha v Police

Question 9

Constructive Possession definition

Answer 9

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

Question 10

Threats case law

Answer 10

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.” R v Broughton [1986] 1 NZLR 641

Question 11

Agg Rob (GBH) Act and Section

Answer 11

Sect 235(a), CA 1961

Question 12

Penalty Agg Rob GBH

Answer 12

14 years

Question 13

Agg Rob GBH ingredients

Answer 13

1. robs any person
2. And at the time of
   Or
   Immediately before
   Or
   Immediately after the robbery
3. Causes GBH to any person

Question 14

Time of definition

Answer 14

At the time of: During the commission of the theft, at the time of taking with the required intent. OR Immediately before: Refers to the connection in time between the robbery and the infliction of grievous bodily harm. .5 OR Immediately after: Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

Question 15

Agg Rob with another Act and section

Answer 15

Sec 235(b), CA 1961

Question 16

Penalty Agg Rob with another

Answer 16

14 years

Question 17

Agg Rob together with ingredients

Answer 17

Being together with any other person 
Or
Persons
2. Robs
3. Any person

Question 18

Together with case law

Answer 18

‘Being together’ require two or more people acting (physically present together) in the commission of an offence. R v Joyce