Robbery

Question 1

Crimes Act 1961, Section 234(1)

Answer 1

Robbery

Question 2

Elements: CA1961 Section 234(1)
(Robbery)

Answer 2

• Theft
• Accompanied by violence or accompanied by threats of violence
• To any person or property
• Used to extort the property stolen or to prevent or overcome resistance to its being stolen.

Question 3

Defintion: Theft

Answer 3

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

Question 4

Definition: Claim of right

Answer 4

A belief at the time of the act in a proprietary or possessory right in property in relation to offence.

A genuine mistake as to a set of facts can be excuse.

A genuine mistaken view relating to a set of facts may provide a valid defense.

Question 5

Case Law: Theft

Answer 5

1. R v Skivington
2. R v Peat
3. R v Lapier

Question 6

Definition: Extort

Answer 6

To obtain by coercion or threats

Question 7

Definition: Prevent

Answer 7

To keep from happening

Question 8

Defintion: Overcome

Answer 8

To get the better of

Question 9

Definition: Property

Answer 9

Section 2(1), Crimes Act 1961 - Real and personal property, and any estate or interest in any real or personal property.

RTS: The clicker is real and personal property.

Question 10

Case Law: Accompanied by violence or threats of violence

Answer 10

R v Maihi

Question 11

Case Law: Accompanied by violence

Answer 11

Peneha v Police

Question 12

Case Law: Accompanied by threats of violence

Answer 12

R v Broughton
R v Mitchell

Question 13

Definition: Person

Answer 13

Gender neutral, proven by JN or circumstancial evidence.

Question 14

Crimes Act 1961, Section 235(a)

Answer 14

Aggravated Robbery (GBH)

Question 15

Elements: CA61 Section 235(a)
Aggravated Robbery (GBH)

Answer 15

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

Question 16

Definition: At the time of

Answer 16

The violence used at the time has resulted in serious harm

Question 17

Definition: Immediately

Answer 17

A matter of fact or degree in each case

Question 18

Definition: GBH

Answer 18

Harm that is really serious

Question 19

Case Law: GBH

Answer 19

DPP v Smith

Question 20

Crimes Act 1961, Section 235(b)

Answer 20

Aggravted Robbery (together with)

Question 21

Elements: CA61 Section 235(b)
Aggravated Robbery (Together with)

Answer 21

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

Question 22

Definition: Being together with any other person

Answer 22

Two or more people physically present and acting in commission of the robbery

Question 23

Case Law: Being together with any other person

Answer 23

R v Galey
R v Joyce

Question 24

Crimes Act 1961, Section 235(c)

Answer 24

Aggravated Robbery (Armed)

Question 25

Elements: CA61 Section 235(c)
Aggravated Robbery (Armed)

Answer 25

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

Question 26

Definition: Armed with

Answer 26

Physically carrying the item or having it in their possession for immediate use.

Question 27

Definition: Offensive weapon

Answer 27

Section 202A Crimes Act, any article capable of causing bodily harm

Question 28

Case Law: Offensive weapon

Answer 28

R v Bentham

Question 29

Definition: Assault

Answer 29

assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force.