What's My Name Flashcards
Laura Mariu
What are the elements for Robbery
4 ELEMENTS (TAPE)
- T heft
- Accompanied by violence OR threats of violence
- to any Person OR property
- used to Extort the ppty stolen OR the ppty is taken by the offender after any resistance to it’s takinghas been prevented or overcome
What is Aggravated Robbery?
Is where:
- a person robs any Person and at the time, before or after the robbery, causes grievous bodily harm to any Person
OR - being together with any other person or persons, robs any Person
OR
a person armed with an offensive weapon or instrument (which includes a firearm), robs any other person
PENALTY IS 14 YEARS
Robbery
What is demanding with intent to steal?
Crimes Act 1961 Section 239
Where any person assaults a person with the intention to rob them
(1) WCR, by force or with any threat, compels, any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit
(2) with menaces or by any threat, demands any property from any persons with intent to steal it
What is TAPE (Robbery)?
Theft: is complete when…
Accompanied: Violence before or at the time of the theft.
OR
Threat of violence before or at the time of the theft, demonstrated by conduct or words
Person/Ppty: The person who has been threatened with violence
OR
the person who had violence used against them
OR
The ppty that has been threatened with violence
OR
The ppty that had violence used against it
Extort/Resistance: the violence OR threats used by the offender are sufficient to cause the person to hand over the ppty against their will
OR
the ppty is taken by the offender after any resistance to it’s taking has been prevented or overcome
What is Robbery?
Robbery is theft accompanied by violence or threats of violence, to any person or ppty, used to extort the ppty stolen OR to prevent or overcome resistance to it’s being stolen
What is the Act, Section & Penalty for Robbery?
Crimes Act 1961 Section 234
Penalty: 10 years imprisonment
Robbery
Meaning of “Used to extort the ppty:
Extort means to obtain by violence or intimidation, or to extract forcibly.
Robbery
Meaning of, to prevent or overcome resistance to ppty being stolen:
This normally applies where violence, rather than threats of violence is exercised.
What are the basic principles of initial action at the scene of a robbery?
FREEZE
GUARD
CONTROL
PRESERVE
What are the elements for Receiving stolen ppty?
RPK
- Receives
- Any Ppty Stolen
OR
Ppty obtained by any other imprisonable offence - Knowing that Ppty to have been stolen or so obtained
OR
Being reckless as to whether the Ppty had been stolen or so obtained
Receiving Stolen Ppty (3 Elements) RPK
RECEIVES: Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal
PPTY: Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
OR
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
KNOWING: Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
OR
Receives the ppty, despite the person consciously taking an unreasonable risk that the ppty might be stolen or obtained by any other imprisonable offence.
What is PPTY in regards to receiving stolen ppty?
The ppty must be all or part of the original ppty dishonestly obtained.
E.g. a thief steals a $10 note. He then cuts it in half and give it to a friend, telling him it was stolen. RESULT: the friend has received part of the original ppty which makes him liable for receiving
Searches Surveillance Act 2012
Section 85
- rub down searches
- warrantless searches
- custody searches
You may carry out a rub-down search of a person when:
* the person is arrested
OR
* detained under a statutory power of detention to ensure that the person is not carrying anything that may be used to:
- harm any person
OR - facilitate the person’s escape
Search & Surveilance Act 2012
Section 125 obligations Under (s85)
(PEOPLE)
R eason for search A ct (Search & Surveiliance Act 2012 N ame (Identify yourself)
Show ID if not in Police uniform
Search & Surveillance Act 2012
Section 88
Warrantless search
Warrantless search of arrested or detained persons (for evidential material)
You may search a person pursuant to arrest or statutory detention IF u have reasonable grounds to BELIEVE the person is carrying anything that:
- is evidential material relating to the offence in respect of which the arrest is made or the person is detained
OR - may be used to harm any person
OR - may be used to facilitate the person’s escape
