Robbery

Question 1

Section and Penalty

Answer 1

S234(1) CA61

10 Years Imp

Question 2

Ingredients

Answer 2

1) Theft
2) Accompanied by violence
OR
threats of violence
3) To any person or property
4)Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen

Question 3

Theft

Answer 3

Sec 219 (1) Crimes Act 1961

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

R v Skivington

Question 4

R v Skivington

Larceny…..ingredient

Answer 4

Larceny (or theft) is an ingredient 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 ingredients in the offence of robbery, without proof of which, the full offence is not made out.

Question 5

Property

Answer 5

Sec 2 Crimes Act 1961

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest.R v Lapier

Question 6

R v Lapier

When robbery is complete

Answer 6

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

Question 7

Actual Possession

Answer 7

Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.R v Cox

Question 8

R v Cox

Possession

Answer 8

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention - knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 9

Potential Possession

Answer 9

Potential possession arises when the person has the potential to have the thing in question in their control.

Question 10

R v Maihi

Accompany, connection

Answer 10

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present. However, the term does not require that the act of stealing and the threat of violence be contemporaneous.

Question 11

Peneha v Police

Forcibly interfere with personal freedomm

Answer 11

It is sufficient that the actions of the defendant forcibly interfere with personal freedom of the person, or amount to forcible, powerful or violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 12

Or Threats of Violence

Answer 12

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 13

To Any Person

Answer 13

Gender neutral, proven by judicial notice or circumstantial evidence.

Of note

Violence or threats can be directed at any person, not just the victim and any property of interest.

Question 14

Used to Extort the Property Stolen

Answer 14

Extort means to obtain by coercion or intimidation.

Of note

Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

Question 15

Or Used to Prevent or Overcome Resistance to it Being Stolen

Answer 15

To prevent; To keep from happening

Or Overcome;To defeat, to prevail over, to get the better of in a conflict.

Question 16

Claim of Right

Answer 16

In relation to any act means a belief at the time of the act in a proprietary and possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistake of fact or any other matter of law other than the enactment against which the offence is alleged to have been committed.