Robbery

Question 1

Act, Section, Punishment for Robbery

Answer 1

Crimes Act 1961 Section 234 10 years

Question 2

Ingredients for Robbery

Answer 2

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

Question 3

Theft is defined by section 219 Crimes Act 1961 as:

Answer 3

Dishonestly without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property OR

Dishonestly without claim of right uses/deals with an property with intent to deprive any owner permanently of that perpetual or of any interest in that property

Question 4

Meaning of dishonestly

Answer 4

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

Question 5

Meaning of Claim of Right

Answer 5

Means a belief at the time of the act in a possessory right in property in relation to which the offence is alleged to have been committed

Question 6

Is claim of right a defence to Robber and what case law relates?

Answer 6

Yes, if the court is satisfied that the defendant acted with claim of right he is entitled to an acquittal on the charge of theft therefore as theft is an essential element of Robbery, claim of right is also a defence to robbery.

Case Law - R v Skivington

Question 7

R v Skivington

Answer 7

Theft is an element of robbery and if the honest belief that a mean 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.

Note although it may negate the offence of robbery other appropriate charges can be laid.

Question 8

When is property considered “taken”

Answer 8

Theft is complete the moment the item is moved with the intent to steal it.

Question 9

R v Lapier

Answer 9

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

Question 10

Using or Dealing with means?

Answer 10

The defendant acted contrary to any authority or consent given by the owner.

Question 11

Possession may be considered to be Actual or Potential. There must be two elements proved to satisfy possession what are they?

Answer 11

Physical element
Mental element

Question 12

Explain Physical element

Answer 12

Requires the physical custody or control over the item in question and can be actual or potential

Question 13

Explain the mental element?

Answer 13

The mental element is a combination of both knowledge that the person possesses the item in question and an intention to possesses the item

Question 14

What case law relates to possession?

Answer 14

R v Cox

Question 15

R v Cox

Answer 15

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 intention to exercise possession.

Question 16

To control something means?

Answer 16

To exercise authoritative or dominating influence over it.

Question 17

Property def?

Answer 17

Property includes real and personal property and any estate or interest in any real or personal property.

Question 18

When talking about depriving the owner permanently is it necessary that the accused keep the property?

Answer 18

NO. It is not necessary he retain the property an intent to destroy the property or give to someone else who will retain it will suffice.

Question 19

A person is to be regarded as the owner of any property if at the time of the theft they:

List three things

Answer 19

Has possession of control of the property or
Has any interest in the property or
The right to take possession or control of the property

Question 20

When talking about accompanied by violence or threats of violence what must the prosecution prove?

Answer 20

A connection between the violence or threats and the stealing of the property.
That the violence or threats were used for the purpose of extorting the Property or preventing or overcoming resistance.

Question 21

R v Maihi

Answer 21

In “accompany” there must be a connection between the act of stealing and the threat of violence. Both must be present.

Question 22

In the context of Robbery violence must involve more than…. But need not …?

Answer 22

Must involve more than minimal degree of force an more than a technical assault but need not involved the infliction of bodily injury

Question 23

Peneha v Police

Answer 23

It is sufficient that the defendants acts forcibly interfere with personal freedom or to forcible powerful or violent action or motion tending to cause bodily injury or discomfort.

Question 24

A threat of violence may be conveyed by

Answer 24

Words, conduct or a combination of both

Question 25

Who does the violence need to be directed at?

Answer 25

Anyone, It doesn’t need to be the same person as the victim of the theft.

Question 26

The prosecution must prove the purpose of the violence or threats was to:

Answer 26

Extort the property stolen or to prevent or overcome resistance to its being stolen

Question 27

Extort means?

Answer 27

Obtain by violence, coercion or intimidation or to extract forcibly.

Question 28

Prevent and Overcome means?

Answer 28

To keep from happening.

To defeat, to prevail over, to get the better of in a conflict.