Robbery - Definitions

Question 1

Theft

Answer 1

• Dishonestly
• Without claim of right
• Takes
• Any property
• With the intent to deprive the owner permanently of that property or of any interest in the property

Question 2

Property

Answer 2

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

Question 3

Actual Possession

Answer 3

Actual possession arises where the thing in question is in a person’s physical custody or control.

Question 4

Potential Possession

Answer 4

Arises when the person has the potential to have the thing in question in their control. For example, storing the thing in question at an associates house or through an agent.

Question 5

Accompanied by

Answer 5

The prosecution must prove:
- A connection between the violence or threats of violence and the stealing of the property.
- The defendant had an intent to steal at e time the violence or threats were used.
- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to its being stolen.

Question 6

Violence

Answer 6

In context of robbery, 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 7

Threats of violence

Answer 7

A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.

Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance depending on the circumstances.

Question 8

Any person

Answer 8

A gender neutral term, proved by

Question 9

Extort

Answer 9

To obtain by coercion or intimidation.

Question 10

Prevent

Answer 10

To keep from happening.

Question 11

Overcome Resistance

Answer 11

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