Robbery OF09 Flashcards
Elements of robbery
Theft
Accompanied by violence
Or
Accompanied by threats of violence
To any person
Or
To any property
Used to extort the property stolen
Or
To Prevent or overcome resistance to the property being stolen
NZ legislation
Crimes act 1961, section 234(1) & (2)
Max Penalty - 10 years imprisonment
Theft
Theft must be completed to the point where possession of the property is obtained by the suspect
Accompanied by violence
Violence before it at the time of the theft
Accompanied by threats of violence
Threat of violence before or at the time of the theft, demonstrated by conduct or words
To any person
Or
Any property
The person who has been threatened with violence
Or
The person who had violence used against them
The property that has been threatened with violence
Or
The property that had violence used against it
Used to extort the property stolen
The violence or threats of violence used by the suspect are sufficient to cause the person to hand over the property against their will
To prevent or overcome resistance to the property being stolen
The property is taken by the suspect after any resistance to its taking has been prevented or overcome
Aggravated robbery
Section 235 crimes act 1961
Causes GBH, more than one person, armed with offensive weapon or instrument
Assault with intent to rob
Section 236 crimes act 1961
Any person assaults a person with intention to rob but no theft takes place therefore robbery is not complete