Robbery

Question 1

Is robbery a common law or statutory offence?

Answer 1

Statutory offence section 94 Crimes Act

Question 2

What is robbery?

Answer 2

Smith v Desmond: robbery is an aggravated form of theft and is a combination offence consistinf of stealinv and an assault.

It is the stealing or taking from, or in the prescence of the person, any form of any propery with such degree of force or terror so as to induce the party to unwillingly part with their property.

Question 3

What is the principle ingredient in a robbery?

Answer 3

R v Hickman: a man being forced to part with his property.

Question 4

What constitutes terror?

Answer 4

R v Hickman: whether the terror arises from real or expected violence to rhe person or from a sense of injury to the character the law makes no distinction, it can be actual or threatened violences.

Question 5

How many offences does section 94 Crimes Act create and what are they?

Answer 5

3 offences
S94(a) robbery
(a) assault with intent to rob
(b) steal from person

Question 6

What are the proofs of robbery?

Answer 6

The unlawful taking and carrying away of some property beinf of some value
Taken from the person or in their prescence or from under their immediate and personal care
With intention of permantly depriving the person of the property
Against their will
Either by force or instilling fear.

Question 7

What is the temporal coincidence for section 94 and 99 offences

Answer 7

For s94 offences and 95 aggravation offences the timing of the threat/violence and the taking of the property must coincide. Either immediately vefore/after/during etc

For section 99 offences: the timjng can be extended. A demand for property can be made abd the property can be received at a latter date.

Question 8

Are all s94 offences table 1 offenxes and what is the punishment?

Answer 8

Punishment is 14 years imprisonment.

94(a) is a table 1 offence 
And 94(b) steal from person is a table 1 offence where property is more then $5000 and table 2 where property stolen is less then $5000.

Question 9

What is the affect of sextion 95 crimes act?

Answer 9

Provides circumstances of aggravation for offences in section 94. If any of the circumstances apply it becomes a strictly indictable offence punishable by 20 years imprisonment

Uses corporal violence on any person
Intentionally or recklessly inflicts ABH on any person
Deprives any person of their liberty.

Question 10

What are the proofs for aggravated robbery

Answer 10

S94 robbery met and one or more of the aggravating circumstances:
Uses corporal violence on any person,
Intentionally or recklessly inflicts ABH on any person
Deprives any person of rheir liberty

Question 11

What offence is created bt s 96 crimes act?

Answer 11

Robbery wirh wounding or Greovous bodily harm

Question 12

What is wounding?

Answer 12

Breaking of the dermis and epidermis of the skin. It must bleed, burns may not suffice.

Question 13

Do you need intent to wound or cause GBH?

Answer 13

No. Intention to Rob is what is required.

Question 14

Does it have to be the same victim that is wounded or robbed which is assaulted?

Answer 14

No. Doesnt have to be the same victim. Can rob A, strike B and wound C.

Question 15

What offences are creates by section 97 Crimes act

Answer 15

Armed robbery and robbery in company of another.

SIO 20 years

Question 16

What are the proofs for armed robbery?

Answer 16

The unlawful taking and carrying away of some property being of some value
Taken from the person or in their prescence or from under their immediate and person care
ARMED WITH OFFENSIVE WEAPON
With intention of permantly depriving the person of the property
Against their will
Eirher by force or instilling fear

Question 17

What are the proofs of robbery in company

Answer 17

S97 crimes act
The unlawful taking and carrying away of some property being of some value
Taken from the person or in their prescence or from under their immediate and person care
With intention of permantly depriving the person of the property
Against their will
Eirher by force or instilling fear
Whilst in the company of another person

Question 18

What is an offensive weapon?

Answer 18

S4 crimes act: an offensive weapon means a
Dangerous weapon which is made/adapted for offensive purposes
Used/intended to for or threatened to be used

Question 19

What is meant by in company?

Answer 19

R v Leoni: applicant was physically present when it occurred such prescence being sufficiently proximate.
Commkn purpose ia essential, coercing or intimidating the victim. Encouragement to the co offender.

Question 20

How did FP v R affevr authorirt of R v Leoni?

Answer 20

It agreed with R v Leoni regarding what constituted in company but extended the requirement for the other person to be involved in the common purpose. Its insufficient just to be present. Offence must have placed himself in the position in which he knew or expected that the victim would know od the prescence and ability to assist in the robbery if called on to do so.

Question 21

What determines armed?

Answer 21

Had to be in possession of and be able to be immediately used

Question 22

Is there an aggracated offence to s 97 crimes act?

Answer 22

Yes. S97(2) aggravated robbery armed with dangerous weapon (firearm, prohibited weapon or spear gun SIO 25 years

98 crimes act - armed robbery with wounding
SIO 25yrs.

Question 23

What offence is created by section 99 Crimes Act?

Answer 23

Demand property with intent to steal. 10 yrs t1 offence.

Question 24

What are the elements of thr offence of demand property with intent to steal?

Answer 24

The accused demanded property from the victim
The demand was accompanied by menaces or by force and
The accused intended to steal that property.

Question 25

What constitutes a demand?

Answer 25

Can be words or gestures
Request imposing conditions may be evidence of a demand
The sending of a letter is not enough.

Question 26

What constitutes menace

Answer 26

S99 crimes act menace can involve:
Violence, injury, accusation.
R v Garwood: not all threats are menacing. Has to be calculated to effect the extent of the mind of an ordinary person of normal stability and courage that would influence or make apprehension as to accede unwillingly to the demand.

Question 27

What is the difference between demand property with intent to steal and robbery

Answer 27

No attempt provision available for demand property with menace.
No requirement that the property passes to the defendant for DPM.
Doesnt need to coinvide in time between threat and possession.
Obtain property for DPM but robbery can be chattel, money or valuable security.
Robbery requires force or fear resulting in property being handed over.

Question 28

What defence applies to robbery?

Answer 28

Claim of right R v kastrotovic.

R v Fuge sets out principles must be honestly helf, legal belief not moral right. Subjective test.

Question 29

Does the children’s court have jurisdiction for robbery offences

Answer 29

Yes. S21 children’s court procedure act. Jurisdiction to hear all offences except offences which carry a penalty of 25years or life

Question 30

Does the children’s court have jurisdiction for robbery offences

Answer 30

Yes. S21 children’s court procedure act. Jurisdiction to hear all offences except offences which carry a penalty of 25years or life