Robbery

Question 1

What section is Robbery?

Answer 1

Robbery
Section 234(1), Crimes Act 1961

Question 2

What are the elements of Robbery?

Answer 2

• Theft

• Accompanied by violence OR threats of violence

• To any person OR property

• Used to extort the stolen property OR prevent or overcome any resistance to its being stolen

Question 3

Define theft.

Answer 3

Definition: Theft as per section 219 (1)(a) Crimes Act 1962, is defined as dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.

Question 4

List the relevant case law for accompanied by violence.

Answer 4

R v Maihi
Peneha v Police
R v Broughton
R v Pacholko

Question 5

What does R v Maihi relate to and explain what was held in the case.

Answer 5

There must be a link or connection between the stealing and violence/threat of violence.

Both must be present however the term does not require them to be contemporaneous.

Question 6

What does Peneha v Police relate to and explain what was held in the case.

Answer 6

It is sufficient that actions of the Defendant interfere with personal freedom, or amount to a powerful or violent action or motion producing a powerful effect tending to cause bodily injury or discomfort.

Question 7

Define to any person or property.

Answer 7

Proved by JN/CE.

Gender neutral, any person or property it does not need to be the victim or the victims property.

Question 8

Define used to extort the property stolen.

Answer 8

To overcome by coercion or intimidation.

If the threats have not affected the will of the Victim, there is no robbery.

Question 9

List the relevant case law for accompanied by threats of violence.

Answer 9

R v Maihi
R v Broughton
R v Pacholko

Question 10

Define prevent or overcome resistance.

Answer 10

Prevent: To keep from happening.

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

Question 11

List the relevant case law for theft.

Answer 11

R v Lapier
R v Skivington
R v Peat
R v Cox

Question 12

Define dishonestly.

Answer 12

To do or omit without permission or authority from the owner or someone entitled to give permission or authority.

Question 13

Define claim of right.

Answer 13

Claim of right means to have, at the time of the act, a proprietary right or possessory right to the property.

Question 14

Define takes.

Answer 14

When the property is moved or has been caused to be moved.

Question 15

Explain what R v Lapier relates to and what was held in the case.

Answer 15

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

Question 16

Explain what R v Skivington relates to and what was held in the case.

Remember Skivi as Steve defending 🙅‍♂️

Answer 16

Claim of right is a defence to theft and so is a defence to robbery.

Question 17

Explain what R v Peat relates to and what was held in the case.

Answer 17

R v Peat relates to when robbery is complete. It explains that the immediate return of goods by the robber does not matter, the robbery has already been completed.

Question 18

What section is Aggravated Robbery (GBH)?

Answer 18

Aggravated Robbery
Section 235(a), Crimes Act 1961

Question 19

What are the elements for Aggravated Robbery under section 235(a), Crimes Act 1961.

Answer 19

• Robs
• Any person
• At the time of, or immediately before or immediately after, the robbery causes GBH
• To any person

Question 20

Define robs.

Answer 20

Theft accompanied by violence or threat of violence to any person or property to extort or prevent or overcome any resistance to its being stolen.

Question 21

Explain what R v Cox relates to and what was held in the case.

Answer 21

R v Cox relates to possession.
It explains that there are two elements for possession. The first and physical, is actual or potential custody or control.
The second and mental, knowledge by the offender that it is in their possession.

Question 22

Define at the time of, or immediately before or immediately after, the robbery, causes GBH.

Answer 22

GBH means really serious harm.

Question 23

List the relevant caselaw for GBH.

Answer 23

DPP v Smith.

Question 24

Explain what DPP v Smith relates to and explain what was held in the case.

Answer 24

DPP v Smith relates GBH.
It explains the bodily harm need no explanation and grievous means no more and no less than really serious.

Question 25

List the relevant case law for to any person.

Answer 25

R v Wells.

Question 26

Explain what R v Wells relates to and what was held in the case.

Answer 26

R v Wells relates to any person being the subject of harm.
It explains that there is no requirement for the person to be the victim of the robbery.

Question 27

What section is Aggravated Robbery (two or more persons)?

Answer 27

Aggravated Robbery
Section 235(b), Crimes Act 1961.

Question 28

List the elements for Aggravated Robbery Section 235(b), Crimes Act 1961.

Answer 28

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

Question 29

Define being together with any other person or persons.

Answer 29

The term together with, requires two or more people are together and both acting together in the robbery.

Question 30

What section is Aggravated Robbery (Armed with a weapon)?

Answer 30

Aggravated Robbery
Section 235(c), Crimes Act 1961.

Question 31

List the elements for Aggravated Robbery, Section 235(c), Crimes Act 1961.

Answer 31

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

Question 32

Define being armed with any offensive weapon or instrument.

Answer 32

Armed:
Carrying the item or having it available for immediate use as a weapon.

Offensive weapon:
Any thing capable of being used for causing bodily injury.

Question 33

List the relevant case law for armed with offensive weapon.

Answer 33

R v Bentham.

Question 34

Explain what R v Bentham relates to and what was held in the case.

Remember Bentham as Bent-thumb like a finger gun 👉

Answer 34

What is possessed must be a thing. A persons hands or fingers can not be a thing.

Question 35

List the relevant case law for being together with any other person or persons.

Answer 35

R v Joyce
R v Galey

Question 36

Explain what R v Joyce relates to and what was held in the case.

Remember Joyce as Sgt Andrew Joyce

Answer 36

At least two people were physically present at the time of the robbery or assault.

Question 37

Explain what R v Galey relates to and what was held in the case.

Remember Gays

Answer 37

Two or more people with the same intention must act together in the offence to be considered together.