Violence Offences -Robbery

Question 1

List the section, penalty and elements of Aggravated Robbery

Answer 1

Aggravated Robbery
S. 235 CA1961
14yrs Imprisonment

(a)
-Robs any person
-At the time of (or) immediately before (or) immediately after the robbery
-Causes grievous bodily harm
-To any person

(b)
-Being together with any other person or persons
-Robs
-Any person

(c)
-Being armed with any offensive weapon or anything appearing to be such a weapon
-robs
-any other person

Question 2

What was held in DPP v Smith

Answer 2

Grievous bodily harm is harm that is no more or no less than really serious. As long as the harm is serious it need not involve life threatening or permanent injury

Question 3

Define ‘Dishonestly’

Answer 3

Something done or omitted without express or implied consent, given by someone in a position of authority to give that consent

Question 4

List the section, elements and penalty for Robbery

Answer 4

Robbery
S.234 (1) CA1961
10yrs Imprisonment

-Theft
-Accompanied by violence (or) threats of violence
-To any person (or) property
-Used to extort the property stolen (or) overcome resistance to its being stolen

Question 5

What is the key consideration when establishing if a persons actions amounted to a threat of violence?

Answer 5

The actual presence or absence of fear on the part of the victim is not the yardstick. It is the conduct of the offender that which has to be assessed rather than the strength of the nerves of the person being threatened

Question 6

What was held in Peneha vs Police

Answer 6

‘The actions of the defendant forcibly interfere with personal freedom or amount to a a forcible or violent action or motion that produces a profound effect, tending to cause bodily injury or discomfort”

Question 7

What differentiates S.236 sub sections b) & c) from a)

Answer 7

Unlike S.236 (a), subsections 236 b) and c) do not require that any physical harm actually be caused to any person

Question 8

Define ‘Ownership’ in relation to theft

Answer 8

A person can be deemed the owner of property if, at the time of the theft they have:
1. Possession or control of the property (or)
2. Any interest in the property (or)
3. The right to take possession or control over the property

Question 9

Discuss the relevance of when the threats are made for a robbery?

Answer 9

The violence or threats will usually occur at or immediately before the theft, however this isn’t always the case (R v Maihi)

Question 10

Define ‘Causes GBH’

Answer 10

To be criminally responsible for it

Question 11

Define Property

Answer 11

The real and personal property of someone in which they have a right or interest to

Question 12

What must the Prosecution prove in relation to the threats made during a robbery

Answer 12

That they were used to extort the property stolen or to prevent or overcome resistance to its being stolen

Question 13

What was held in R v Galey

Answer 13

“Being together with involves two more more persons having the common intention to use their combined force directly in the perpetration of the crime”

Question 14

Define ‘GBH’

Answer 14

Harm that is really serious

Question 15

What was held in R v Broughton in regards to threats of violence

Answer 15

Whether or not conduct amounted to a threat of violence must be assessed in the context and circumstances in which it occurred, including:
- the relative age of parties
-their respective physiques
-their appearance
-their demeanour
-what was said and done by those involved
-the manner and setting in which the incident took place

Question 16

Define ‘Assault’

Answer 16

The intentional application or attempted application of force to another person, directly or indirectly, by any act threat or gesture

Question 17

Define ‘Armed with’

Answer 17

Carrying the item or having it immediately available for use as a weapon

Question 18

What was held in R v Cox in regards to posession

Answer 18

Possession involves two elements;

-Physical; actual or potential physical custody or control

-Mental; an awareness on the persons part of their possession of the item and an intention to exercise that possession.

Question 19

What must ‘violence’ be to meet the elements of robbery

Answer 19

Violence must involve more than a minimal degree of force and more than a technical assault, but need not involve actual bodily injury

Question 20

Define ‘Threat of Violence’ in relation to Robbery

Answer 20

The manifestation of an intention to inflict violence unless the property is handed over. The threat may direct or veiled, conveyed by words, conduct or both

Question 21

Do the threats of violence have to be made at the same time as stealing the property in a robbery?

Answer 21

No, there may be occasions where property is handed over to a thief as a result of threats previously made but that are still operating on the mind of the victim at the time.

(This will be a matter of fact and degree for each case)

Question 22

What was held in R v Skivington

Answer 22

‘Theft is an element of robbery and if the honest belief of a man in a claim of right is a defence to theft, then this belief negates one of the elements of robbery, without proof of which the offence of robbery is not complete’

Question 23

Define ‘Theft’

Answer 23

-Dishonestly
-Without Claim of Right
-Takes
-Any property
-With intent to deprive the owner permanently of that property

Question 24

Define ‘Claim of Right’

Answer 24

A belief at the time in question in a proprietary or possessory right to the property in which the offence relates

Question 25

Define ‘Prevent’

Answer 25

To keep from happening

Question 26

Define ‘Offensive Weapon’

Answer 26

Anything made or altered used to inflict bodily injury or harm

Question 27

What must the prosecution prove in relation to the violence in a Robbery or Aggravated Robbery

Answer 27

That the violence was used to extort the property stolen (or) to prevent or overcome resistance to its being stolen

Question 28

Define ‘Instrument’ in relation to an offensive weapon

Answer 28

Anything carried by the offender intended to be used as a weapon or to intimidate and overbear the will of the victim

Question 29

List the section, penalty and elements for Assault with Intent to Rob

Answer 29

Assault with Intent to Rob
S.236(1) CA1961
14yrs Imprisonment

(a)
-With intent to rob any person
-Cause GBH to that person or any other person

(b)
-With intent to rob any person
-being armed with any offensive weapon (or) anything appearing to such a weapon or instrument
-assaults that person or any other person

(c)
-With intent to rob any other person
-being together with any other person or persons
-assaults that person or any other person

Assault with Intent to Rob
S.236(2) CA1961
-Assaults any person
-with intent to rob that person or any other person

Question 30

Define ‘Overcome’

Answer 30

To defeat, prevail or to get the better of in conflict

Question 31

Define ‘Using or Dealing with’

Answer 31

Using or dealing with property involves someone acting contrary to the authority or consent of the owner and in a way that was inconsistent with the rights of the owner

Question 32

What was held in R v Lapier

Answer 32

‘Robbery is complete as soon as the property has been moved, even if possession was only for a moment’

Question 33

What was held in R v Maihi

Answer 33

It is implicit in ‘accompanied’ that there must be a connection between the act of stealing and the threats of violence

Question 34

Define ‘Being together with’

Answer 34

A joint enterprise between two or more persons, physically present, who share an intent to use their combined force to achieve a certain outcome and play an active role in achieving that outcome

Question 35

What was held in R v Joyce

Answer 35

The Crown must establish that at least two persons were physically present at the time the robbery or assault occurred

Question 36

Define ‘Extort’

Answer 36

To obtain by coercion or intimidation, an overbearing of the victims will

Question 37

What are the four points for verifying a claim of right

Answer 37

1. There must be a belief in a proprietary or possessory right in the property. a.k.a A belief that they own the property or have some right to have possession or control of it
2. That belief must be about the right to ‘property in relation to which the offence is alleged to have been committed’
3. The belief must be held at the time of the alleged offence
4. The person must actually hold that belief