OFO3 - ROBBERY

Question 1

What are the ELEMENTS of ROBBERY?

Answer 1

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

Question 2

Define the element ‘theft’.

Answer 2

All elements of theft must be proved.

THEFT BY TAKING... 
- Dishonesty
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property
OR
- With intent to deprive any owner permanently of any interest in that property

THEFT BY USING OR DEALING…

• Uses or deals with
• After obtaining possession or control of that property in whatever manner

Question 3

Explain the element ‘Accompanied by violence’.

Answer 3

• Intent must exist at the time when violence used or threats made. Intent can not be an AFTER THOUGHT.
  Violence is unlawful physical force, more than a mere snatching, or a struggle or injury would constitute violence.

Question 4

Define the element ‘Accompanied by threats of violence’.

Answer 4

• Threats must be actual, fear alone is not sufficient. Threats must be at the time or the theft or just prior.
• Victim must have actually fear offenders actions at the time, or be so scared of consequences that they part with the property.

Question 5

Define the element ‘Used to extort the property stolen’.

Answer 5

• The violence or threats,
• sufficient to cause
• to handover
• against their will

Question 6

Define the ingredient ‘To prevent or overcome resistance to the property being stolen’

Answer 6

The property is taken by the offender after any resistance to its taking has been prevented or overcome

Question 7

When is the offence of ‘Robbery’ complete?

Answer 7

• All the elements of the offence of theft must be proven in order to prove a robbery.

Question 8

What factors constitute the offence of ‘Aggravated Robbery’?

Answer 8

• Commits robbery
• More than one person involved in the robbery
• Grievous Bodily Harm
• Armed with a weapon or instrument

Question 9

What are the other 2 offences with intent to rob?

Answer 9

Assault with intent to rob (Commits the violence but nothing to steal)
Demanding with menaces or demanding with intent to steal (Threatens or demands property but no theft occurs)