Robbery

Question 1

Robbery

Answer 1

Section 234(1), Crimes Act 1961
* 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 2

Aggravated Robbery (causes GBH)

Answer 2

Section 235(a), Crimes Act 1961
* Robs any person
* At the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm
* To any person

Question 3

Aggravated Robbery (being together with with any other person or persons)

Answer 3

Section 235(b), Crimes Act 1961
* Being together with any other person or persons,
* Robs
* Any person

Question 4

Aggravated Robbery (armed with an offensive weapon or instrument)

Answer 4

Section 235(c), Crimes Act 1961
* Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
* Robs
* Any other person

Question 5

Assault with intent to rob (causes GBH)

Answer 5

Section 236(1)(a), Crimes Act 1961
* With intent to rob any person
* Causes grievous bodily harm to that person or any other person

Question 6

Assault with intent to rob (armed with an offensive weapon or instrument)

Answer 6

Section 236(1)(b), Crimes Act 1961
* With intent to rob any person
* Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
* Assaults that person or any other person

Question 7

Assault with intent to rob (being together with with any other person or persons)

Answer 7

Section 236(1)(c), Crimes Act 1961
* With intent to rob any person
* Being together with any other person or persons
* Assaults that person or any other person

Question 8

Assault with intent to rob

Answer 8

Section 236(2), Crimes Act 1961
* Assaults any person
* With intent to rob that person or any other person

Question 9

Theft

Answer 9

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

Question 10

Dishonestly

Answer 10

dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 11

claim of right

Answer 11

means at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged

Question 12

R v Skivington

Answer 12

Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.

in short - Defence to theft (claim of right) is a defence to robbery

Question 13

Taking

Answer 13

‘taken’ and therefore theft is complete the moment the item is moved with intent to steal it.

Question 14

R v Lapier

Answer 14

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

Question 15

R v Peat

Answer 15

the immediate return of goods by the robber does not purge the offence

Question 16

Possession

Answer 16

Possession may be considered to be either ‘actual’ or ‘potential’ It is found that both a physical and mental element must be proved to satisfy possession.

Question 17

R v Cox

Answer 17

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 18

Control

Answer 18

to control something means to exercise authoritative or dominating influence over it.

Question 19

Accompanied (R v Maihi)

Answer 19

“It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous …”

Question 20

Accompanied by violence (Peneha v Police)

Answer 20

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”.

Question 21

Threats of violence (R v Broughton)

Answer 21

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a

Question 22

Extort

Answer 22

To “extort” means “to obtain by coercion or intimidation”. or
if the threats have not in fact affected the will of the victim, there is no robbery.

Question 23

Property

Answer 23

includes any real or personal property, and any estate or interest in any real or personal property, and any debt

Question 24

Prevent

Answer 24

To “prevent” means “to keep from happening”.

Question 25

Overcome

Answer 25

To “overcome” means “to defeat; to prevail over; to get the better of in a conflict”.

Question 26

Person

Answer 26

generally accepted by judicial notice or circumstantial evidence

Question 27

being together with

Answer 27

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

Question 28

R v Joyce

Answer 28

“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Question 29

R v Galey

Answer 29

“Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

Question 30

Being armed with

Answer 30

defendant is carrying the item or has it available for immediate use as a weapon.

Question 31

Offensive weapon

Answer 31

Section 202A Crimes Act 1961 (1) offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use. (2) offensive weapon means any article capable of being used for causing bodily injury.

Question 32

Instrument

Answer 32

'instrument' is not defined by stature, but will include any item intended to be used as a weapon or to intimidate and overbear the victim's will to resist.

Question 33

R v Bentham

Answer 33

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.

Question 34

Three classes of offensive weapons

Answer 34

1. items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords or knuckledusters. 2. items that may otherwise have an innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to cause a jagged edge. 3. Items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that purpose, such as a baseball bat or a knife.

Question 35

Assault

Answer 35

the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly