Robbery and Receiving

Question 1

ELEMENTS of Receiving

Answer 1

1. Receives
2. Any stolen property
   OR property obtained by another imprisonable offence
3. Knowing property to be stolen
   OR being reckless as to whether property was stolen or obtained

Question 2

ELEMENTS of Possession

Answer 2

1. Awareness of where items are located
2. Awareness that it has been stolen
3. Potential to gain control over item
4. An intention to exercise control over item

Question 3

ELEMENTS of Guilty Knowledge

Answer 3

1. Direct Evidence
2. Circumstantial Evidence
   • Purchased at gross undervalue
   • Suspicion around acquisition of property
   • Nature or amount of property
   • Falsely denies possession
   • Concealed property so hidden from police

Question 4

ELEMENTS of Robbery

Section 234 Crimes Act 1961

Answer 4

1. Theft
2. Accompanied by violence
   OR threats of violence
3. To any person
   OR property
4. Used to extort the stolen property
   OR used to prevent/overcome resistance to property being stolen

Question 5

Describe Robbery

Answer 5

Theft accompanied by violence
OR threats of violence to any person or property, used to extort property stolen
OR prevent/overcome resistance to it being stolen

Question 6

Describe Aggravated Robbery

Answer 6

14 yrs
- Person causes GBH before /after/during robbery to any person
-With anyone/other persons who robs any person
OR
- Person armed with an offensive weapon, robs with another person

Question 7

Assault with intent to Rob

Section 236 Crimes Act 1961

Answer 7

Section 236
- Where any person assaults with intent to rob them

Section 236 (1) - 14 yrs imprisonment

• Causes GBH
• Armed with weapon and assaults
• Together with persons, assaults that person or any person

Question 8

Demanding with intent to steal

Section 239 (2) Crimes Act

Answer 8

7 yrs imprisonment

Demand any property with menaces or any threat from a person with intent to steal it

Question 9

Define: “Accompanied by violence”

Answer 9

Violence used on victim at time of theft

Truck — trailer
Violence —Theft

Question 10

Describe: “Used to extort property stolen”

Answer 10

Obtain property by violence or intimidation

Question 11

Describe: “To prevent/overcome resistance to property being stolen”

Answer 11

Violence used so there is no struggle/resistance when stealing