Robbery - Definitions

Question 1

Dishonestly

Answer 1

In relation to any 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 2

Claim of right

Answer 2

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 3

Taking

Answer 3

the moment the item is moved with intent to steal it

Question 4

Possession

Answer 4

may be considered actual or potential

Question 5

Control

Answer 5

TO exercise authoritative or dominating influence over it.

A person can control something that is not in their physical custody and have no control over something in their physical custody

Question 6

Property

Answer 6

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 7

Ownership

Answer 7

For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—
(a)
possession or control of the property; or
(b)
any interest in the property; or
(c)
the right to take possession or control of the property.

Question 8

Extort

Answer 8

To obtain by violence, coercion or intimidation or to extract forcibly

Question 9

Prevent resistance

Answer 9

to keep from happening

Question 10

Overcome resistance

Answer 10

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

Question 11

Using or dealing with

Answer 11

requires that the defendant acted contrary to any authority or consent given by the owner or their conduct towards the property was inconsistent with the rights of the owner

Question 12

Deprive owner permanently

Answer 12

The offender must desire or foresee as virtually certain that the owner will never regain the property but it is not necessary that he intends to keep it himself.

Question 13

Threats of violence

Answer 13

is the manifestation of an intention to inflict violence unless the money or property is handed over. The threat may be direct or veiled. It may conveyed by words or conduct or a combination of the two

Question 14

Who does the violence of threat of violence need to be directed at?

Answer 14

Can be to any person and not just the victim of the theft.