OF03 Robery and recieving

Question 1

Name the Elements of Robbery (Crimes act 1961) Section 234 (1) and (2)

Answer 1

1) Theft
2) Accompanied with violence OR threats
3) To any person or To Property
4) Used to extort property stolen OR To Prevent/overcome resistance to the property getting stolen

Question 2

Describe Aggravated Robbery

Answer 2

Robbery, including one of the following :
- Causing gracious boldly harm
OR
- Being with another person
OR
- Being armed with an offensive weapon/instrument

Question 3

Describe ‘Assault with intent to rob’:

Answer 3

When an assault with the intention of robbing happens with the theft getting missed

I.e You punch over a women to take her earring but before you can take it you are stopped

Question 4

Describe ‘demanding with intent to steal’

Answer 4

A persons using threats to demand property from a person with intent to steal.

Question 5

Describe “Accompanied by violence”

Answer 5

Violence is used on the victim at the time of the theft.

Question 6

In regards to Robbery, expand on “To any person OR to any Property”

Answer 6

Any Person: It could be the central victim or a threat towards a third party. I.e threatening a child for a mothers wallet. Also Yourself

Any Property: Threatening property owned by the victim I.e “I’ll smash your car […]”

Question 7

Name the elements of Receiving

Answer 7

1) Receives
2) Any Property stolen OR any property obtained by any other imprisonable offence
3) Knowing that property was stolen OR Being reckless as to wether the property had been stolen

Question 8

Identify the essential element of ‘Guilty Knowledge’

Answer 8

Guilty knowledge is essentially a person knowing that the item they are receiving is stolen.

Question 9

How can ‘Guilty knowledge’ be proved

Answer 9

Direct evidence

OR

Circumstantial evidence

• Purchased from gross undervalue
• The receiver lies about having the property
• Acquisition is suspicious

Question 10

A thief of an item I have received cannot legally be charged of Theft I.e Underaged or mental condition.

If I keep the item, am I guilty of receiving?

Answer 10

No, but I may be charged with theft

Question 11

I knock someone down as an individual act and AFTER spot their wallet on the ground after the assault. What would be the appropriate charge?!

Answer 11

If an assault happens and then the assailant spots an item they want to take, this is Theft AND Assault

Question 12

Describe Violence in relation to robbery

Answer 12

Use of more than a minimal amount of force