Robbery Offences

Question 1

Define Robbery

Answer 1

Theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen, or prevent, or to overcome resistance to it being stolen.

Question 2

Name the Section and Act for Robbery

Answer 2

Section 234 (1), Crimes Act 1961

Question 3

What is the penalty for Robbery?

Answer 3

10 years imprisonment

Question 4

Name the Section, subsections and Act for Aggravated Robbery

Answer 4

Section 235(a), (b), (c), Crimes Act 1961

Question 5

Define Aggravated Robbery subsection (a)?

Answer 5

Robs any person and at the time of or immediately after the robbery causes grievous bodily harm to any person

Question 6

Define Aggravated Robbery subsection (b)?

Answer 6

Being together with any person robs any person

Question 7

Define Aggravated Robbery subsection (c)?

Answer 7

Being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person

Question 8

What is the penalty for Aggravated Robbery?

Answer 8

14 years imprisonment

Question 9

Define Assault with Intent to Injure subsection (1)(a)?

Answer 9

With intent to rob causes grievous bodily harm to that person or any other person

Question 10

Define Assault with Intent to Injure subsection (1)(b)?

Answer 10

With intent to rob any person being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person.

Question 11

Define Assault with Intent to Injure subsection (1)(c)?

Answer 11

With intent to rob any person being together with any person or persons, assaults that person or any other person.

Question 12

Define Aggravated Robbery subsection (c)?

Answer 12

Being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person

Question 13

What is the penalty for Aggravated Robbery?

Answer 13

14 years imprisonment

Question 14

Define Assault with Intent to Injure subsection (1)(a)?

Answer 14

With intent to rob causes grievous bodily harm to that person or any other person

Question 15

Define Assault with Intent to Injure subsection (1)(b)?

Answer 15

With intent to rob any person being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person.

Question 16

Define Assault with Intent to Injure subsection (1)(c)?

Answer 16

With intent to rob any person being together with any person or persons, assaults that person or any other person.

Question 17

What is the penalty for Assault with Intent to Injure?

Answer 17

14 years imprisonment

Question 18

Name the section, subsection and act for Theft?

List the ingredients

Answer 18

s. 219(1), CA 61

Dishonestly

Without claim of right

Takes any property with the intent to deprive the owner permanently of that property

Or any interest in that property

Question 19

R v Skivington

Answer 19

Larceny is an ingredient of robbery

And if there is honest belief that a man has claim of right it is a defence to larceny

Then it negatives an ingredient to robbery

Without proof of which the full offence is not made out

Question 20

R v Lapier

Answer 20

Robbery is complete the instant the property is taken, even if possession by the their was only momentarily

Question 21

Definition of Possession

Answer 21

Possession can be actual or constructive

Question 22

Define Actual Possession

Answer 22

When the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand

Question 23

Warner v Metropolitan Police Commissioner

Answer 23

Ideal Possession(Actual)

A possessor of a thing has:

• complete physical control over it
• knowledge of its existence, situation, and its qualities

Question 24

Define Constructive Possession

Answer 24

When something is not in a persons physical custody, but they have ready access to it or can control over it

Question 25

Define “Accompanied by violence” and the 3 things the prosecution must prove?

Answer 25

Accompanied by:

A connection between the violence or threats and the stealing of the property.

The defendant had an intent to steal at the time of 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 it being stolen.

Question 26

R v Maihi

Answer 26

It is implicit in ‘accompany’ that there must be a nexus between the act of stealing and a threat of violence.

Both must be present.

However the term does not require the act of stealing and threat of violence be contemporaneous

Question 27

Define violence?

Answer 27

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve bodily injury

Question 28

Define ‘Threats of violence’

Answer 28

A “threat” is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands

Question 29

Define “Property”

Name the section and act?

Answer 29

Includes real or personal property

Any estate or interest in any real or personal property

Money, electricity, and any debt

And anything in action and any other right or interest

Question 30

Define “Extort”

Answer 30

Means to obtain by coercion or intimidation

Question 31

Define “Prevent”

Answer 31

To keep from happening

Question 32

Define “Overcome resistance”

Answer 32

To defeat; to prevail over

Question 33

Aggravated robbery

“And at the time of”

Answer 33

During the commission of the theft, at the time of taking with the required intent.

Question 34

“Immediately before” or “immediately after”

Answer 34

Refers to the connection in time between the robbery and the infliction of GBH

Question 35

Define “Offensive weapon s.202A(1), CA 61

Answer 35

Any article made or altered for use to cause bodily injury or intended by the person having it with him