Elements of robbery
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
Crimes Act 1961 section 234 (1) and (2)
Penalty?
Robbery
10 years imprisonment
Crimes Act 1961 section 235
Penalty?
Aggravated Robbery
14 years imprisonment
Robbery become Aggravated Robbery when?
At the time of, immediately before or immediately after:
-Causes grievous bodily harm
-Being together woth any other person(s)
-Armed with offence weapon or instrument
Assault with intent to rob
Crimes Act 1961, section 236
Assault with intent to rob means?
Is where any person assaults a person with the intention to rob them, but no theft takes place, so therefore robbery is not complete.
Theft
This shows the theft was complete, and the defendant was in possession of the property
Accompanied by violence Or threats of violence
This shows that there was violence before/ after or at the time of the robbery.
This shows that there was threats of violence before/ after or at the time of robbery.
To any person
This shows that violence Or threats of violence was used against their will
To any property
This shows that they used threats of violence against their will
Used to extort the stolen property
This shows they forceably take the property using violence or threats of violence to cause the person to hand over property against their will
To prevent or overcome resistance to the property being stolen
This shows the property is taken and to prevent or overcome any resistance