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

R v Lapier

Answer 5

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

Question 6

R v Peat

Answer 6

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

Question 7

defence to robbery

R v Skivington

Answer 7

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

Question 8

R v Maihi

Answer 8

There must be a nexus 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 9

R v Broughton

Answer 9

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 10

R v Joyce

Answer 10

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

Question 11

R v Galey

Answer 11

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

Question 12

R v Bentham

Answer 12

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

Question 13

Peneha v Police

Answer 13

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

Question 14

R v Wells

Answer 14

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

Question 15

Define Without Claim of Right

Answer 15

S2 CA1961 Belief in a possessory right of the property.

Question 16

Define Dishonestly

Answer 16

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

Question 17

R v Mitchell

Answer 17

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 18

Define extort

Answer 18

Obtain by coercion or intimidation

Question 19

Offensive weapon

Answer 19

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 20

Define prevent

Answer 20

To stop the possibility of resistance.

Question 21

Define overcome resistance

Answer 21

To overpower or get the better of in conflict