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 (a)

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 (b)

Answer 3

Section 235(b), Crimes Act 1961

• Being together with any other person or persons,
• Robs
• Any person

Question 4

AGGRAVATED ROBBERY (c)

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 (1)(a)

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 (1)(b)

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 (1)(c)

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 (2)

Answer 8

Section 236(2), Crimes Act 1961

• Assaults any person
• With intent to rob that person or any other person

Question 9

Robbery complete

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

Robbery complete

R v Peat

Answer 10

the immediate return of the property by the robber does not absolve the crime.

Question 11

defence to robbery

R v Skivington

Answer 11

Defence to theft (claim of right) is a defence to Robbery

Question 12

Robbery nexus

R v Maihi

Answer 12

There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.

Question 13

Threat of Violence

R v Broughton

Answer 13

A 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

Together with – Robbery

R v Joyce

Answer 14

Crown must establish at least two people physically present at the time of the robbery.

Question 15

Together with – Robbery

R v Galey

Answer 15

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

Question 16

- Armed with – Offensive weapon

R v Bentham

Answer 16

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

Question 17

Threat of violence - Robbery

Peneha v Police

Answer 17

It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.

Question 18

To any person - Robbery

R v Wells

Answer 18

there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.

Question 19

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

Answer 19

R v Lapier - Robbery complete

Question 20

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

Answer 20

R v Peat - Robbery complete

Question 21

Defence to theft (claim of right) is a defence to Robbery

Answer 21

R v Skivington – defence to robbery

Question 22

There must be a connection between the act of stealing and the threat of violence. Both must be present, however, it is not required that the act of stealing and threat be made contemporaneously.

Answer 22

R v Maihi - Robbery nexus

Question 23

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

Answer 23

R v Broughton - Threat of violence - Robbery

Question 24

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

Answer 24

R v Joyce - Together with – Robbery

Question 25

“Being together” in the context of section 235(b) means two or more persons having the common internet to use their combined force.

Answer 25

R v Galey - Together with – Robbery

Question 26

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

Answer 26

R v Bentham - Armed with – Offensive weapon

Question 27

It is sufficient that the defendants' act's forcibly interfere with the personal freedom of the victim.

Answer 27

Peneha v Police - Threat of violence - Robbery

Question 28

The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’

Answer 28

R v Pacholko - Threat of violence - Robbery

Question 29

there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.

Answer 29

R v Wells - To any person - Robbery

Question 30

Define Without Claim of Right

Answer 30

S2 CA1961 Belief in a possessory right of the property.

Question 31

Define Dishonestly

Answer 31

Without a belief that there was consent form a person with authority to give it.

Question 32

R v Mitchell

Answer 32

There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.

Question 33

There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.

Answer 33

R v Mitchell

Question 34

Define extort

Answer 34

Obtain by coercion or intimidation

Question 35

What is section 202A CA1961

Answer 35

offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.

Question 36

Define Prevent

Answer 36

To stop the possibility of resistance.

Question 37

Define Overcome resistance

Answer 37

To overpower or get the better of in conflict

Question 38

Assault with Intent to Rob - Name, Act, Section

Answer 38

Assault with Intent to Rob - 236 CA1961 With intent to Rob Any person (a) Causes grievous bodily harm to that person or any other person; or (b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or (c) being together with any other person or persons, assaults that person or any other person.