Robbery And The Elements Including The Case Law?

Question 1

Define the legislation and section of Robbery and the elements, including case law.

Also name the other Sections of Robbery:

Answer 1

Legislation: Crimes Act 1900

Definition of Robbery:
- The felonious and forcible taking of any goods from another by violence, or putting them
in fear (R v Foster)
Elements:
1. The Accused, with intent
2. Took
3. Property
4. From the victim
5. By use of violence or fear of violence

Section 94: Robbery or Stealing from the Person
- Whosoever -
• Robs or assaults with intent to rob any person, or
• Steals any chattel, money, or valuable security from the person of another,
- Shall, except where a greater punishment is provided by this Act, be liable to
imprisonment for 14 years

Section 95: Circumstances of Aggravation - CID
C - Corporal Violence
I - Intentional or reckless ABH
D - Deprivation of Liberty

Section 96: Robbery with Wounding
- Wound, or GBH, to any person, intent NOT required

Section 97: Robbery in Company

• In company, or armed with offensive weapon or instrument (20)
• Aggravated = armed with a dangerous weapon

Section 98: Armed Robbery with Wounding
- Armed with offensive weapon, instrument or being in company of another person (25)
and assaults, wounds or inflicts GBH
- Victim MUST be the person wounded
- No intent (MR) merely that the wounding was a voluntary act

Question 2

You are the first investigator to arrive at the scene of an armed robbery at a
local bank. What steps should you take to ensure an appropriate investigative response?

-EXPLAIN YOUR INITAL RESPONSE
-CRIME SCENE CONSIDERATIONS
-YOUR INVESTIGATION

Answer 2

Initial response acronym:
- Approach
- Cover and concealment
- Contain and negotiate
- Enter and ID victim’s and witnesses - need for medical attention?
- Pol-air/Dogs
- Time/date/details
- POI/VOI descriptions
- Isolate crime scene
- Supervisor/Detectives
- Separate victims and witnesses
Crime scene considerations:
- Establish crime scene
- Determine nature and size of crime scene
- Identify entry and exit points
- Appoint officer as crime scene guard and to commence a log
- Use tape to designate boundary
- Ensure all physical evidence is protected
- Consider weather conditions and need for resources
- Search of area for exhibits e.g. cigarettes, clothing
Investigation:
- Call Robbery and Serious Crimes Squad
- Obtain statements from victim’s and witnesses
- Canvass for CCTV, witnesses and secondary crime scenes
- Call forensics/crime scene to attend
- Maintain security of crime scene
- Ascertain whether there is a need for specialist police
- Broadcast description of offenders and vehicles via VKG