Robbery
act, section and penalty
Crimes Act 1961, Section 234(1)
Penalty – 10yrs
Crimes Act 1961, Section 234(1)
Robbery
- Theft
- Accompanied by violence or threats of violence
- To any person or property
- Used to extort the property stolen OR to prevent or overcome resistance to its being stolen
Aggravated Robbery
Act, Section and Penalty
Crimes Act 1961, Section 235(a-c)
Penalty – 14yrs
Crimes Act 1961, Section 235(a)
Aggravated Robbery
- Robs any person
- At the time of OR immediately before OR immediately after the robbery
- Causes GBH
- To any person
Crimes Act 1961, Section 235(b)
Aggravated Robbery
- Being together with another person or persons
- Robs
- Any person
Crimes Act 1961, Section 235(c)
Aggravated Robbery
- Being armed with any offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
- Robs
- Any other person
Assault with Intent to Rob
Act, Section & Penalty
Crimes Act 1961, Section 236(1)(a-c)
Penalty 14yrs
Crimes Act 1961, Section 236(2)
Penalty 7years
Crimes Act 1961, Section 236(1)(a)
Assault with Intent to Rob
- With intent to rob any person
- Causes GBH to that person or any other person
Crimes Act 1961, Section 236(1)(b)
Assault with Intent to Rob
- With intent to rob any person
- Being armed with any offensive weapon or instrument OR anything appearing to be such weapon or instrument
- Assaults that person or any other person
Crimes Act 1961, Section 236(1)(c)
Assault with Intent to Rob
- With intent to rob any person
- Being together with any other person or persons
- Assaults that person or any other persons
Crimes Act 1961, Section 236(2)
Assault with Intent to Rob
- Assaults any person
- With intent to rob that person or any other person
R v Skivington
Claim of right defence, Claim of right that Skivington had a belief he was entitled to the money.
Claim of Right Defence
R v Skivington
Larceny (theft) is an element of robbery, and if the honest belief that a man has a claim if right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made.
When is Robbery Complete
Robbery completion the instant property is taken, R v Lapier
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v Peat
As in the case of theft, the immediate return of goods by the robber does not purge the offence, subject always to the necessary intent existing at the time of taking.
R v Cox
Possession
Two elements, Physical element and mental element
R v Maihi
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. . .
Connection / Link
R v Maihi
Link between the act of Theft and violence / threat of violence.
R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
At least two physically present at time of robbery or assault.
R v Joyce
R v Galey
‘Being together’ in the context of section 235(b) involves ‘two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the preparation of the crime’
Being together. Having common intention.
R v Galey
Offensive Weapon
Crimes Act, Section 202A
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.
- any article capable of being used for causing bodily injury.
