Robbery Offences Flashcards
Define Robbery
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.
Name the Section and Act for Robbery
Section 234 (1), Crimes Act 1961
What is the penalty for Robbery?
10 years imprisonment
Name the Section, subsections and Act for Aggravated Robbery
Section 235(a), (b), (c), Crimes Act 1961
Define Aggravated Robbery subsection (a)?
Robs any person and at the time of or immediately after the robbery causes grievous bodily harm to any person
Define Aggravated Robbery subsection (b)?
Being together with any person robs any person
Define Aggravated Robbery subsection (c)?
Being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person
What is the penalty for Aggravated Robbery?
14 years imprisonment
Define Assault with Intent to Injure subsection (1)(a)?
With intent to rob causes grievous bodily harm to that person or any other person
Define Assault with Intent to Injure subsection (1)(b)?
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.
Define Assault with Intent to Injure subsection (1)(c)?
With intent to rob any person being together with any person or persons, assaults that person or any other person.
Define Aggravated Robbery subsection (c)?
Being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person
What is the penalty for Aggravated Robbery?
14 years imprisonment
Define Assault with Intent to Injure subsection (1)(a)?
With intent to rob causes grievous bodily harm to that person or any other person
Define Assault with Intent to Injure subsection (1)(b)?
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.
Define Assault with Intent to Injure subsection (1)(c)?
With intent to rob any person being together with any person or persons, assaults that person or any other person.
What is the penalty for Assault with Intent to Injure?
14 years imprisonment
Name the section, subsection and act for Theft?
List the ingredients
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
R v Skivington
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
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the their was only momentarily
Definition of Possession
Possession can be actual or constructive
Define Actual Possession
When the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand
Warner v Metropolitan Police Commissioner
Ideal Possession(Actual)
A possessor of a thing has:
- complete physical control over it
- knowledge of its existence, situation, and its qualities
Define Constructive Possession
When something is not in a persons physical custody, but they have ready access to it or can control over it