*Robbery - s234(1)

Question 1

Section & Penalty
- Robbery

Answer 1

• s234(1) Crimes Act 1961
• 10yrs

Question 2

Elements
- Robbery

Answer 2

• Theft
• Accompanied by violence OR Threats of violence
• To any person or property
• Used to extort the property stolen
  OR
  Prevent or overcome resistance to it being stolen

Question 3

Theft
- s219(1) CA61

Answer 3

Dishonestly and without claim of right taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 4

SKIVINGTON
- Larceny

Answer 4

Larceny is an element of Robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the elements in robbery, without proof of which, the full offence is not made out.

Question 5

Property
- s2 CA61

Answer 5

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

Question 6

LAPIER
- Robbery complete

Answer 6

Robbery is complete the instant the property is taken, even if possession by the thief is momentary.

Question 7

Actual possession

Answer 7

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

Question 8

COX
- Possession

Answer 8

Possession involves 2 elements:

• The first, the physical element, is actual or potential physical custody or control
• The second, the mental element is a combination of knowledge & intention

Knowledge in the sense of an awareness by the accused that the substance is in his possession & an intention to exercise possession.

Question 9

Control

Answer 9

To “control” something means to exercise authoritative or dominating influence over it.

Question 10

MAIHI
- Accompany

Answer 10

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

It’s not required that the act of stealing and the threat of violence be contemporaneous.

Question 11

Violence

Answer 11

Must involve more than a minimal degree of force and more than a technical assault, but needn’t involve the infliction of bodily injury.

Question 12

PENEHA
- Violence

Answer 12

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to violent actions causing bodily injury or discomfort”

Question 13

Threats of Violence

Answer 13

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

Question 14

To any person

Answer 14

Gender neutral. Proven by JN or CE.

Note: Violence may be directed at anyone not just the victim of theft

Question 15

Extort
- Oxford dictionary

Answer 15

“To obtain by violence, intimidation or coercion, or to extract forcibly.”

Note:
Extortion implies an overbearing of the will of the victim. Thus, if the threats have not in fact affected the will of the victim, there is no robbery.

Question 16

Prevent or overcome resistance

Answer 16

• To “prevent” means “to keep from happening”.

Note : Applies when the offender anticipates resistance from the
victim and uses violence or threats to ensure it does not start.

• To “overcome” means “to defeat; to prevail over; to get the better of in a conflict.”

Note: Applies when the victim is resisting and the offender uses violence or threats to overpower and subdue the victim.

Question 17

Claim of right
- s2 CA61

Answer 17

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.