Robbery

Question 1

Robbery

act, section and penalty

Answer 1

Crimes Act 1961, Section 234(1)

Penalty – 10yrs

Question 2

Crimes Act 1961, Section 234(1)

Answer 2

Robbery

• Theft
• Accompanied by violence or threats of violence
• To any person or property
• Used to extort the property stolen OR to prevent or overcome resistance to its being stolen

Question 3

Aggravated Robbery

Act, Section and Penalty

Answer 3

Crimes Act 1961, Section 235(a-c)

Penalty – 14yrs

Question 4

Crimes Act 1961, Section 235(a)

Answer 4

Aggravated Robbery

• Robs any person
• At the time of OR immediately before OR immediately after the robbery
• Causes GBH
• To any person

Question 5

Crimes Act 1961, Section 235(b)

Answer 5

Aggravated Robbery

• Being together with another person or persons
• Robs
• Any person

Question 6

Crimes Act 1961, Section 235(c)

Answer 6

Aggravated Robbery

• Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
• Robs
• Any other person

Question 7

Assault with Intent to Rob

Act, Section & Penalty

Answer 7

Crimes Act 1961, Section 236(1)(a-c)
Penalty 14yrs

Crimes Act 1961, Section 236(2)
Penalty 7years

Question 8

Crimes Act 1961, Section 236(1)(a)

Answer 8

Assault with Intent to Rob

• With intent to rob any person
• Causes GBH to that person or any other person

Question 9

Crimes Act 1961, Section 236(1)(b)

Answer 9

Assault with Intent to Rob

• With intent to rob any person
• Being armed with any offensive weapon or instrument OR anything appearing to be such weapon or instrument
• Assaults that person or any other person

Question 10

Crimes Act 1961, Section 236(1)(c)

Answer 10

Assault with Intent to Rob

• With intent to rob any person
• Being together with any other person or persons
• Assaults that person or any other persons

Question 11

Crimes Act 1961, Section 236(2)

Answer 11

Assault with Intent to Rob

• Assaults any person
• With intent to rob that person or any other person

Question 12

R v Skivington

Answer 12

Claim of right defence, Claim of right that Skivington had a belief he was entitled to the money.

Question 13

Claim of Right Defence

Answer 13

R v Skivington
Larceny (theft) is an element of robbery, and if the honest belief that a man has a claim if right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made.

Question 14

When is Robbery Complete

Answer 14

Robbery completion the instant property is taken, R v Lapier

Question 15

R v Lapier

Answer 15

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

Question 16

R v Peat

Answer 16

As in the case of theft, the immediate return of goods by the robber does not purge the offence, subject always to the necessary intent existing at the time of taking.

Question 17

R v Cox

Answer 17

Possession

Two elements, Physical element and mental element

Question 18

R v Maihi

Answer 18

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 19

Connection / Link

Answer 19

R v Maihi

Link between the act of Theft and violence / threat of violence.

Question 20

R v Joyce

Answer 20

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 21

At least two physically present at time of robbery or assault.

Answer 21

R v Joyce

Question 22

R v Galey

Answer 22

‘Being together’ in the context of section 235(b) involves ‘two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the preparation of the crime’

Question 23

Being together. Having common intention.

Answer 23

R v Galey

Question 24

Offensive Weapon

Crimes Act, Section 202A

Answer 24

offensive weapon means

• any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
• any article capable of being used for causing bodily injury.