Robbery

Question 1

What is Section 234(1) - Crimes Act 1961

Answer 1

Robbery

Question 2

What are the elements for Robbery?

Answer 2

• 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 3

What is Section 235(a) - Crimes Act 1961 ?

Answer 3

Aggravated robbery (GBH)

Question 4

What are the elements for Aggravated Robbery (GBH)

Answer 4

• Robs any person
• At the time of OR immediately before OR immediately after the robbery
• Causes grevious bodily harm
• to any person

Question 5

What is Section 235(b) Crimes Act 1961?

Answer 5

Aggravated robbery (Together with another person)

Question 6

What are the elements for Aggravated robbery - together with another person.

Answer 6

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

Question 7

What is Section 235(c) Crimes Act 1961 ?

Answer 7

Aggravated robbery - with a weapon.

Question 8

What are the elements for Aggravated robbery - offensive weapon?

Answer 8

• Being armed with any offensive weapon OR instrument OR any thing appearing to be such a weapon OR instrument.
• Robs
• Any other person.

Question 9

What is Section 236(1)(a) Crimes Act 1961?

Answer 9

Assault with intent to rob - GBH

Question 10

What are the elements for Assault with intent to rob - causes GBH

Answer 10

• With intent to rob any person
• Causes GBH to that person or any other person

Question 11

What is Section 236(1)(b) Crimes Act 1961?

Answer 11

Assault with intent to rob - offensive weapon

Question 12

What are the elements of Assault intent to rob - offensive weapon

Answer 12

• 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 13

What is section 236(1)(c) ?

Answer 13

Assault intent to rob - together with

Question 14

What are the elements of Assault intent to rob - together with?

Answer 14

• With intent to rob any person
• being together with any other person or persons
• assaults that person or any other person

Question 15

What is section 236(2) Crimes Act 1961

Answer 15

Assault with intent to rob

Question 16

What are the elements of Assault intent to rob?

Answer 16

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

Question 17

Define ‘robbery’

Answer 17

Robbery is theft accompanied by violence or threats of violence to any person or any property used to extort the property stolen or to prevent or overcome resistance to its being stolen.

Question 18

Define ‘theft’

Answer 18

Theft is dishonestly and without claim of right taking with intent to permanently deprive the owner of that property or any interest in that property.

Question 19

Define ‘claim of right’

Answer 19

A belief at the time of the act of a possessory right to the property.

Question 20

Define taking

Answer 20

Taking is completed relating to theft when the offender moves the property or causes it to be moved, even momentarily.

Question 21

What is the case law for taking/theft?

Answer 21

R v Lapier - Earring.
Robbery is complete the instant the property is taken, even if the possession by the thief is only momentary.

Question 22

What is R v Peat about ? (Purse)

Answer 22

The immediate return of the goods does not purge the offence, subject always to the necessary intent existing at the time of taking.

Question 23

What is R v Cox ? (Possession)

Answer 23

Possession involves two elements;
Physical (Actus Reus)- the actual or potential custody or control
Mental (Men’s Rea) - a combination of knowledge and intention in the sense of awareness that the substance is in possession and intention to exercise possession.

Question 24

Define Property

Answer 24

Real and personal property and any estate, interest in any real or personal property, money, electricity and debt and any thing in action, any other right or interest.

Question 25

Define intent

Answer 25

Intention to commit the act and intention to get a specific result (General and specific men’s rea)

Question 26

Define R v Collister

Answer 26

Intent can be inferred from the circumstances, including the offenders actions and words before during and after the event, the surrounding circumstances and the nature of the act itself.

Question 27

Define person

Answer 27

The fact the victim is a person is generally accepted by judicial notice (JD) or proved by circumstantial evidence.

Question 28

Define Grevious bodily harm

Answer 28

GBH is defined as ‘really serious harm’ (DDP & Smith)

Question 29

What is DDP & Smith

Answer 29

Bodily harm needs no explanation, and Grevious means no more and no less than really serious.

Question 30

Define assault

Answer 30

Intentionally applying or attempting to apply force to another person, directly, indirectly or threatening by any act or gesture to apply such force to the person, if the person making the threat has, or causes the other to RGTB that they have the present ability to effect his purpose.

Question 31

Explain Accompanied by (R v Maihi)

Answer 31

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 32

What is R v Joyce (Together With)

Answer 32

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

Question 33

Police v Peneha? Violence - Grabbing bag/twisting arm.

Answer 33

The actions of the defendant forcibly interfere with the personal freedom of the victim or cause a forcible or violent motion or effect, causing bodily injury or discomfort.