Robbery And Aggravated Robbery

Question 1

Criminal liability for robbery section 234

Answer 1

1.theft
2.accompanied by Violence or 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

What is theft?
Section 219(1) crimes act 61

Answer 2

Dishonestly
And without claim of right
Taking any property with intent to deprive any owner permanently of that property
Or any interest in that property

Question 3

What is property?

Answer 3

Includes real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest

Question 4

Criminal liability for aggravated robbery section 235(a)

Answer 4

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 5

Case law Theft

R v Skivington

Answer 5

Larceny or theft is an ingredient of robbery and if the honest belief that a man has a claim of right as a defence to theft, then it negates one of the ingredients in the offence of robbery, without proof of which the Full offence is not made out.

Question 6

When is robbery complete?

R v Lapier

Answer 6

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

Question 7

Actual possession

Warner v Metropolitan Police Commissioner

Answer 7

The term possession must be given a sensible and reasonable meaning in its context. Ideally a possessor of a thing has
Complete physical control over it
Knowledge of its existence, it’s situation and its qualities.

Question 8

Criminal liability aggravated robbery section 235B

Answer 8

1. being together with any other person or persons
2. robs
3. any person

Question 9

Case law being together in the context of section 235B

R v Galey

Answer 9

Being together in the context of section 235B involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly and the perpetration of the crime.

Question 10

Case law being together

R v Joyce

Answer 10

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

Question 11

Criminal liability for aggravated robbery section 235C

Answer 11

1.being armed with any offensive weapon or
instrument or
anything appearing to be such a weapon or instrument
2.robs
3.any person

Question 12

Definition of an offensive weapon

Answer 12

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

Question 13

Definition of an instrument

Answer 13

The term instrument is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 14

Define. Anything appearing to be such a weapon or instrument

Answer 14

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

Question 15

Define being armed with.

Answer 15

The term being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 16

Criminal liability.
Assault with intent to rob section 236(1) (a)
14 years

Answer 16

1.with intent to rob any person
2.causes GBH
3.to that person
Or
Any other person

Question 17

Criminal liability

Assault with intent to rob section 236 (1)(b)

Answer 17

1.with intent to rob any person
2.being armed with any offensive weapon or
Instrument or
Anything appearing to be such a weapon or instrument
3.assaults that person or
Any other person

Question 18

Criminal liability
Assault with intent to rob section 236(1) (c)
14 years

Answer 18

1. with intent to rob any person
2. being together with any other person or persons
3. assaults that person or any other person

Question 19

Definition of intent

Answer 19

Person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 20

Intent

R v Mohan

Answer 20

A decision to bring about, in so far as it lies with in the accused’s power, the commission of the offence

Question 21

Intent

R v Waaka

Answer 21

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 22

Caselaw

Sullivan v Earl of Caithness

Answer 22

Possession includes not merely those who have physical custody of firearms but also those who have firearms under their control even though for one reason or another they may be kept at another location

Question 23

What is violence in the context of robbery?

Answer 23

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.

Question 24

Case law

Peneha v Police

Answer 24

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 powerful effect tending to cause bodily injury or discomfort.

Question 25

Define threats of violence in robbery

Answer 25

I threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.

Question 26

Case law

R v Broughton

Answer 26

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.

Question 27

Definition of extort

Answer 27

To extort means to obtain by coercion or intimidation.

Question 28

Definition of prevent

Answer 28

To keep from happening.

Question 29

Define. Overcome resistance.

Answer 29

To defeat, to prevail over, to get the better of in a conflict.

Question 30

What is robbery?

Answer 30

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 it being stolen

Question 31

Define GBH

Answer 31

Harm that is really serious.

Question 32

Define person

Answer 32

Gender neutral. Proven by judicial notice or circumstantially

Question 33

Define

At the time of.

Answer 33

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

Question 34

Define

Being together with.

Answer 34

There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who are physically present at the robbery.

Question 35

Criminal liability
Demanding with menaces
Section 239(2)
14 years

Answer 35

1. With menaces or by any threat
2. Demands
3. Any property
4. From any persons
5. With intent to steal it

Question 36

Define demand

Answer 36

To demand is to require or ask for something firmly, as though with authority or as of right.

Question 37

Caselaw
Demand
R v Heard

Answer 37

The form of words used for a demand does not matter. Demand is a strong word but a demand does not have to be couched in abusive terms, so long as it is clear that that is a request for something.