Robbery and Allied Concepts

Question 1

What’s Robbery, Definition? Case?

Answer 1

R v Hickman

Robbery is an aggravated form of theft and is a comibnation offence consisting of staling and an assault.

Question 2

Principal ingredient in Robbery? Case?

Answer 2

R v Hickman (1784)

Man being forced to part with his property.

Question 3

R v Hickman on terror

Answer 3

Whether the terror arises from real or expected violence to the person, or from a sense of injury to the character the law makes no distinction’

Question 4

S94?

Answer 4

Robbery/Steal from person

a) Whosoever robs or assaults with intent to rob a person, or
b) steals any chatel, money or valuable security from the person or another,

Liable to 14 years.
- Force or fear

Question 5

Case on violence/threat coinciding with threat?

Answer 5

R v Emery

Violence or threat must coincide with theft or attempt.

Question 6

Offences under 94?

Answer 6

Robbery
Assault with intent to Rob
Stealing from the person.

Question 7

Elements of 94?

Answer 7

• Unlawful taking & carrying away of property being of some value.
• Taken from their immediate & personal care
• Intention to permanantely deprive.
• Against their will
• By force or instilling fear.

Question 8

Jurisdiction Steal from person?

Answer 8

Table 1 over 5k

Table 2 under 5k

Question 9

Jurisdiction Robbery/Assault w intent to rob?

Answer 9

Table 1

Question 10

Jurisdiction Demand w menaces?

Answer 10

Table 1

Question 11

Childrens Court Jurisidiction?

Answer 11

May hear 94, 95, 97 except wheere 25 years or life.

Question 12

Circumstances of aggravation for s 95?

Answer 12

Immediately before, at time of, immediately after, one or more of following;

a) Corporal violence on any person
b) ABH on any person
c) Deprive any person of liberty.

Question 13

Wound?

Answer 13

Breaking the skin, both epidermis and dermis. Must bleed. Burns not suffice.

Question 14

In company and case?

Answer 14

FP v R [2012]
- Offence committed and,
- Co-accused shared common purpose that this would occur, and
- Applicant physically present when it ocurred. Presence significantly proximate if
a) it afforded encouragement to alleged co-offener OR
b) operated to intimidate or coerce the complainant.
Must show involvement in common purpose.

Question 15

Does it matter if victim is unaware of presence of other person for in company?

Answer 15

No.

Question 16

In company basically?

Answer 16

Present together and share common purpose.

Question 17

Demand Property with menaces?

Answer 17

S99.
WHosoever by menaces or by force, demands any property from any person, with intent to steal, shall be liable for imprisonment for 10 years.
Table 1

Question 18

Demand?

Answer 18

words or gestures

Sending of letter is enough

Question 19

Menaces?

Answer 19

Menace can involve, Violence, Injury, Accusation.

Question 20

Menaces objective or subjective test?

Answer 20

Objective, reasonable person test.

Question 21

R v Clear on Menaces?

Answer 21

Such a nature and extent that mind of a person reasonable firmness might be influenced or ade apprehensive so as to accede unwillingly to demand.

Question 22

Timing for demand property w menace?

Answer 22

The demand and the receiving of property can occur at different times. Don’t even have to receive the property.

Question 23

Steal from person elements?

Answer 23

Property taken from immediate control or presence of victim, however no physical violence or contact.

Question 24

Corporal Violence?

Answer 24

Infliction of pain

Question 25

Offensive weapon?

Answer 25

s 4 Crimes Act.
Offensive weapon or instrument means—
(a) a dangerous weapon, or
(b) any thing that is made or adapted for offensive purposes, or
(c) any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.

Question 26

Circumstances of aggravation relative timing?

Answer 26

At, or immediately before or after the Robbery.

Question 27

R v Leoni on in company?

Answer 27

“the only relevant intent (for a robbery in company charge) is that the
offender placed himself in the position in which he knew or expected that the
victim would know of his presence and ability to assist in the robbery if called
on to do so.