Robbery & Aggrevated Robbery

Question 1

Robbery

S134 (1) Crimes Act 1961

Answer 1

Theft
Accompanied by Violence or accompanied by threats of violence.
To any person
Used to extort any property stolen or to prevent or overcome resistance to it being stolen

Question 2

Theft

Answer 2

Theft - as per S219 of CA “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”

R v Skivington: Claim of right is a defence to robbery.

R v Lapier: Robbery is complete at the time property is taken, even if momentary.

R v Peat: Return does not negate the offence.

Question 3

Accompanied by violence

Or

Accompanied by threats of violence

Answer 3

Accompanied by violence:

R v Maihi - There must be a connection between the act of stealing and threat of violence. Both must be present; however, the term does not require that the act of stealing and threat by made contemporaneously.

R v Mitchell - previously made threats on the victims mind, assessed by fact and degree in each case.

Peneha v Police - sufficient that the defendants act forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion.

Threats of violence:
R v Broughton - Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the threat.

Question 4

To any person

Answer 4

Accepted by Judicial notice or Circumstantial evidence.

Question 5

Used to extort any property stolen

Or

To prevent or overcome resistance to it being stolen.

Answer 5

Extort: to obtain by coercion or intimidation.

Or

Prevent - to keep from happening.
Overcome - to get the better of.

Property: S2 Crimes Act1961 - includes any real personal property.

Question 6

Aggravated Robbery S235 (a)

Crimes Act1961

Answer 6

Robs
Any person
At the time of 
Or
Immediately before 
Or 
Immediately after
Causes grievous bodily harm or
To any person
Being together with any other person
Robs 
Any person

Question 7

Aggravated Robbery S235 (b)

Crimes Act 1961

Answer 7

Being together with any other person

Rv Joyce - must establish at least two people physically present at the time.

R v Galey - Being together means two or more persons having the common intention to use their combined force.

Robs

Any person

Question 8

Aggravated Robbery S235 (c)

Crimes Act 1961

Answer 8

Being armed with any offensive weapon, or

(Armed - carrying the item or having it avaliable for immediate use)

(Offensive Weapon S202A - any article capable of being used for causing bodily injury)

Instrument, or

R v Bentham - A person’s hands or fingers are not a thing.

Anything appearing to be such a weapon or instrument.

Robs

Any other person.