Robbery - definitions

Question 1

Theft

Answer 1

Crimes Act 1961, Section 219

(1) Theft or stealing is the act of,—
(a) 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; or
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

Question 2

Dishonestly

Answer 2

Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 3

Claim of right

Answer 3

Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

Question 4

Property

Answer 4

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 5

Taking

Answer 5

Crimes Act 1961, Section 219

(3) In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception.
(4) For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 6

Intent to deprive owner permanently

Answer 6

Crimes Act 1961, Section 219

(2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—
(a) the property cannot be returned to any owner in the same condition; or
(b) any owner is likely to be permanently deprived of the property or of any interest in the property.

Question 7

Extort

Answer 7

To “extort” means “to obtain by coercion or intimidation”.

Extortion implies an overbearing of the will of the victim, and the prosection must show that the threats induced the victim to part with their property.

Question 8

Prevent

Answer 8

To “prevent” means “to keep from happening”.

This provision applies when the offender anticipates resistance from the victim and uses violence or threats to ensure it does not commence.

Question 9

Overcome

Answer 9

To “overcome” means “to defeat; to prevail over; to get the better of in a conflict”.

This provision will therefore apply when the victim is resisting, and the offender uses violence or threats to overpower and subdue the victim.

Question 10

Being armed with

Answer 10

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

Question 11

Offensive Weapon

Answer 11

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

Any article capable of being used for causing bodily injury.