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 (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 (2 people)

Answer 3

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

Question 4

Aggravated Robbery (Weapon)

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 person

Question 5

Theft

Answer 5

As per s219 of the Crimes Act 1961 “dishonestly without claim of right, taking any property with intent to deprive the owner permanently of that property or any interest in that property”.

Question 6

Claim of Right

Answer 6

A belief in possessory right of the property.

Question 7

R v Lapier

Answer 7

Robbery is complete at the time property is taken, even if momentarily.

Question 8

R v Skivington

Answer 8

Claim of Right is a defence to robbery.

Question 9

R v Peat

Answer 9

The return of property does not negate the offence.

Question 10

R v Cox

Answer 10

Possession involved a combination of knowledge and intention.

Question 11

R v Maihi

Answer 11

There must be a connection between the act of stealing and the threat of violence however don’t need to be contemporaneous.

Question 12

Peneha v Police

Answer 12

sufficient that the defendants acts forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion

Question 13

R v Broughton

Answer 13

Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the threat.

Question 14

R v Mitchell

Answer 14

Property can be handed over due to threats made at an earlier time.

Question 15

Extort

Answer 15

To obtain by coercion or intimidation.

Question 16

Prevent

Answer 16

To keep from happening.

Question 17

Overcome

Answer 17

To get the better of.

Question 18

Property

Answer 18

Included any real or personal property.

Question 19

DDP v Smith

Answer 19

‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than really serious.

Question 20

Together

Answer 20

Together requires two or more people to be physically present and acting together in the commission of the robbery.

Question 21

R v Joyce

Answer 21

Must establish at least two people physically present at the time.

Question 22

R v Galey

Answer 22

Being together means two or more person having the common intention to use their combined force.

Question 23

Armed

Answer 23

carrying the item or having it available for immediate use

Question 24

Offensive Weapon S202A

Answer 24

any article capable of being used for causing bodily injury

Question 25

R V Bentham

Answer 25

A person’s hands or fingers are not a thing.

Question 26

Types of offensive weapons

Answer 26

• Items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords
  or knuckledusters.
• 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 create a jagged edge.
• 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.