OF03: Dishonesty (Receiving and Robbery) Flashcards
Elements of Robbery
- Theft
- Accompanied by violence or the threat of violence
- To any person or property
- Used to extort the property stolen or to prevent or overcome resistance to the property being stolen
Act and Section for Robbery
Crimes Act 1961 Section 234 (1)
Explain ‘Violence’ in regards to Robbery
Using more than the minimal degree of force
Explain ‘Extort’ in regards to Robbery
Obtaining by violence, intimidation or force
Explain Aggravated Robbery
- Robbing another person causing grievous bodily harm
- Being armed with an offensive weapon or instrument
- 2 or more people involved in the robbery
Elements of Receiving
-Receives
-Any property stolen or obtained by any other imprisonable offence
-Knowing that property to be stolen or so obtained
OR being reckless in the knowledge that property is stolen or so obtained
What are the 4 requirements for ‘Possession’ in regards to receiving
- Awareness that the item is where it is
- Awareness that the item is stolen
- Actual or potential control of the item
- An intention to exercise control over the item
How can you prove that someone has guilty knowledge of receiving?
- purchasing an item very cheaply
- having suspicion of where the item came from
- concealment of the item
- the receivers general conduct
When is ‘Receiving complete’?
- When they have taken possession or control of the property OR
- Helped to conceal or dispose of the property
Does the receiver need to know the particular offence?
NO, only that the property was obtained by an imprisonable offence
What does ‘Recklessness’ mean in regards to receiving?
Consciously taking an unreasonable risk
If threats are made after the theft is it still Robbery?
No. Threats need to be made during
