OF03 Robbery Flashcards

1
Q

What are the elements of Robbery S234 CA1961?

A
  • THEFT
  • Accompanied by VIOLENCE
    OR
    Accompanied by threats of violence
  • To any PERSON
    OR
    To any PROPERTY
  • Used to EXTORT the PROPERTY STOLEN
    OR
    To PREVENT or OVERCOME RESISTANCE to the property being stolen
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2
Q

What are the added elements for aggravated robbery? S235 CA1961

A

-BEFORE or AFTER robbery, CAUSES GBH TO ANY PERSON

  • being TOGETHER with ANY OTHER person/s while committing robbery
  • a person ARMED with an offensive WEAPON or INSTRUMENT

Penalty -
- 14 years

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3
Q

What is Assault with intent to rob? S236 CA1961

A

Where any person assaults another person with the intent to rob them but no theft takes place.

Penalties

  • 14 years if one or more aggravating factors are present
  • 7 years if no aggravating factors
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4
Q

What is Demanding with intent to steal? S239(2) CA1961

A

MENACES or by THREATS,
DEMANDS any property
from any persons with intent to steal it.

Penalty -
- 7 years

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5
Q

What does theft mean? In relation to robbery.

A

The elements of theft must be proved S219 CA1961

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6
Q

What does violence mean?

A

MORE THAN a MINIMAL degree of force.

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7
Q

DEFINE

accompanied by violence

A

Violence BEFORE or AT THE TIME of theft.

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8
Q

DEFINE

accompanied by THREATS of violence.

A

demonstrated by conduct or words

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9
Q

DEFINE
to any person or to any property

In relation of robbery.

A

The person being robbed and also ANY OTHER PERSON

Violence can be DIRECTED TOWARDS THE PROPERTY of the person being extorted.

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10
Q

DEFINE

used to extort the property.

A

SUFFICIENT to CAUSE the person to HAND OVER the property AGAINST THEIR WILL their will.

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11
Q

DEFINE

to prevent or overcome resistance to the property being stolen mean?

A

AFTER RESISTANCE HAS TAKEN PLACE

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12
Q

What is the penalty for Robbery S234 CA1961

A

10 years imprisonment

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