Robbery

Question 1

Theft

Answer 1

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

Section 219(1) Crimes Act 1961

Question 2

What is Larceny?

Answer 2

Theft

Question 3

What is a defence to larceny?

Answer 3

An honest belief that a man has a claim of right

R v Skivington

Question 4

If the Defendant has a honest belief to claim of right, can robbery be proved?

Yes / No

Answer 4

No

Question 5

Robbery is complete the instant__________,

even if possession by the thief is only momentarily

Answer 5

the property is taken

Question 6

Actual possession

Answer 6

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

Question 7

Ideal possession (Actual)

Answer 7

The term “possession” must be given a sensible and reasonable meaning in it’s context. Ideally, a possessor of a thing has:

• Complete physical control over it
• Knowledge of it’s existence, it’s situation and it’s qualities

Question 8

Constructive Possession

Answer 8

When something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 9

What must prosecution prove in “accompanied by”?

3 points

Answer 9

• A connection between the violence or threats of violence and the stealing of 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 PROPERTY, or preventing or overcoming resistance to it being stolen

Question 10

What does nexus mean?

Answer 10

Connection or link

Question 11

What does contemporaneous mean?

Answer 11

existing at or occurring in the same period of time.

Question 12

True or false?

in ‘accompany’

Stealing and threat of violence must be contemporaneous

Answer 12

False

R v Maihi

Question 13

Define violence in the context of robbery

Answer 13

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 14

What is a “threat” generally

Answer 14

A direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands

Question 15

True or false:

Threats may be conveyed by inference through the Defendant’s conduct, demeanour or even appearance, depending on the circumstances

Answer 15

True

Question 16

Define “threat of violence”

Answer 16

“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 17

Define “property”

Answer 17

• Real or personal property
• Any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 18

Define “Extort”

Answer 18

“To obtain by coercion or intimidation”

Question 19

Define “at the time of”

Answer 19

During the commission of the theft, at the time of taking with the required intent

Question 20

In aggravated robbery, “immediately before” refers to?

Answer 20

The connection in time between the robbery and the infliction of GBH

Question 21

In aggravated robbery, “immediately after” refers to?

Answer 21

The connection in time between the robbery and the infliction of GBH

Question 22

Define “Grievous Bodily Harm”

Answer 22

“Harm that is really serious”

Question 23

When being “together with”

What must there be proof of?

Answer 23

The Defendant was part of a joint enterprise by two or more persons who were physically present at the robbery

Question 24

R V GAYLEY

Joint enterprise

Answer 24

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”.

Question 25

Define “being together”

R V JOYCE

Answer 25

two or more people acting (physically present together) in the commission of an offence

Question 26

True or False?

“Person” is gender neutral

Answer 26

True

Question 27

Define “being armed with”

Answer 27

The Defendant is carrying the item or has it available for immediate use as a weapon

Question 28

Is “instrument” covered by statute?

Yes or no

Answer 28

no

Question 29

Define “instrument”

Answer 29

Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist

Question 30

Any thing appearing to be such a weapon or instrument

Answer 30

It must be proved that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon

Question 31

In relation to “intent”is a fleeting or passing thought sufficient?

Answer 31

No

There must be a firm intent or a firm purpose to effect an act

R V WAAKA

Question 32

What does “judicial notice” mean?

Answer 32

Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue.

Question 33

Define “offensive weapon”

Answer 33

An article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

Question 34

Define “Assault”

Section 2, Crimes Act 1961

Answer 34

Assault means
the act of intentionally applying
or attempting to apply
force
to the person of another
directly or indirectly
or threatening by any act or gesture
to apply such force to the person of another
if the person making the threat has
or causes the other to believe on reasonable grounds
that he has, present ability to effect his purpose,

and to assault has a corresponding meaning

Question 35

Robbery

Answer 35

Theft

Accompanied by violence OR threats of violence

To any person OR property

Used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 36

Aggravated Robbery

Section 235(a) Crimes Act 1961

Answer 36

Robs any person

And at the time of OR immediately before OR immediately after the robbery

Causes GBH to any person

Question 37

Aggravated Robbery

Section 235(b) Crimes Act 1961

Answer 37

Being together with any other person OR persons

Robs

Any person

Question 38

Aggravated Robbery

Section 235(c) Crimes Act 1961

Answer 38

Being armed with any offensive weapon 
OR 
instrument 
OR 
Anything appearing to be such a weapon or instrument 

Robs

Any person

Question 39

Assault with intent to Rob

Section 236(1)(a) Crimes Act 1961

Answer 39

With intent to rob any person

Causes GBH

To that person OR any other person

Question 40

Assault with intent to rob

Section 236(1)(b) Crimes Act 1961

Answer 40

With intent to rob any person

Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument

Assaults that person OR any other person

Question 41

Assault with intent to rob

Section 236(1)(c) Crimes Act 1961

Answer 41

With intent to rob any person

Being together with any other person or persons

Assaults that person OR any other person