Liabilities - Robbery, Agg Rob and Assault with intent to Rob

Question 1

Elements to Robbery s234

Answer 1

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

Question 2

Definition of Theft

Answer 2

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

WOCOR: A belief in possessory right of the property
R v Skivington: Claim or right is a defence to robbery
R v Lapier: Robbery is complete at the time property is taken, even if momentary

Question 3

Definition of Dishonestly

Answer 3

Done without consent or authority

Question 4

Definition of WOCOR

Answer 4

No belief of possessory or proprietary right to property

Question 5

Definition of Accompanied by Violence

Answer 5

R v Maihi:
Connection between stealing and threat/application of violence. Both must be present however does not require the acts be made contemporaneously

Peneha v Police
The Defendants acts interfere with the personal freedom or amount forcible powerful or violent action or motion producing a marked or effect to cause bodily injury or discomfort

Question 6

Definition of Accompanied by Threats of Violence

Question 7

Definition Used to extort property stolen

Answer 7

Extort: To obtain by coercion or intimidation

Question 8

Definition to prevent or overcome resistances to it being stolen

Answer 8

Prevent: To keep from happening
Overcome: To get the better of
Property: s2 CA61 - includes any real or personal property

Question 9

Elements to Aggravated Robbery 235A

Answer 9

• Robs
• Any person
• At the time of OR immediately before OR immediately after
• Causes GBH
• To any person

Question 10

Definition or Robbery

Answer 10

s234: Theft accompanied by violence, threat of violence to any person used to extort any property or to prevent or overcome resistances to it being stolen.
Theft: Dishonestly, WOCOR, takes, any property
R v Lapier: Robbery is completed at the time of taking, even if momentary
R v Skivington: Claim of right is a defence to robbery
R v Maihi: Connection between act of stealing and threat of violence, both must be present, however does not require to be made contemporaneously.

Question 11

Definition AT the time of, IMMEDIATELY before, IMMEDIATELY after

Answer 11

At the time of: Violence used at the time has resulted in serious harm
Immediately: A matter of fact and degree in each case

Question 12

Definition of GBH

Answer 12

DPP v Smith: Bodily harm means harm that is really serious

Question 13

Elements of Aggravated Robber s234(b)

Answer 13

• Being together with any other person
• Robs
• Any person

Question 14

Definition of Being together with any other person

Answer 14

Requires two or more people actually present in the commission of Robbery
R v Joyce: Must establish at least two people physically present at the time

Question 15

Elements of Aggravated Robbery s234 (c)

Answer 15

• Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
• Robs
• Any person

Question 16

Definition of Being Armed with Offensive Weapon

Answer 16

Armed: Carrying the item or having it available for immediate use
Offensive weapon: s202AA - any article capable of being used for causing bodily injury

Question 17

Elements to Assaulted with intent to Rob s236(1)

Answer 17

• Assaults
• Any person
• with intent to rob any person
  (a) cause GBH to that person or any other person
  (b) being armed with any offensive weapon or instrument, or anything appearing to be such weapon/instrument
  (c) being together with any other person or person

Question 18

Definition of Assaults

Answer 18

intentionally applying or attempting to apply force, directly or indirectly to person or another. Threatening by any act or gesture to apply such force, if the person making the threat has or causes person to believe or RG that they has, present ability to effect their purpose and “to assault” has a corresponding meaning.