Robbery - General Knowledge

Question 1

What is the definition of robbery?

Answer 1

An offence of aggravated theft requiring that the taking or conversion of property be accompanied by either violence or the threat of violence

The threat may be direct or veiled, conveyed by words, conduct, or both.

Question 2

What are the two forms of violence associated with robbery?

Answer 2

• Direct violence
• Threat of violence

The threat can be conveyed through words, conduct, or a combination of both.

Question 3

True or false: The violent conduct in robbery must be directly connected to the taking or conversion of property.

Answer 3

TRUE

This connection is a question of fact and degree.

Question 4

Fill in the blank: Robbery entails theft occasioned by either violence or the threat of _______.

Answer 4

violence

The violence or threat is used to try and take property.

Question 5

What is one of the essential elements of robbery?

Answer 5

Theft

All elements of theft must be proven before addressing the use of violence or threats in robbery.

Question 6

Theft requires proof of taking property, or using property, or dealing with property, and an intention to __________.

Answer 6

permanently deprive an owner of the property

This intention must be such that the property cannot be returned to the owner in the same condition.

Question 7

True or false: If there is no theft, there can still be a robbery.

Answer 7

FALSE

Robbery cannot occur without the element of theft.

Question 8

What does Section 219 of the Crimes Act 1961 define as theft?

Answer 8

(a)
* Dishonestly and without claim of right
* taking any property
* with intent to deprive the owner permanently of that property.

(b)
* Dishonestly and without claim of right
* using or dealing any property
* with intent to deprive any owner permanently of that property

Both actions must be with intent to permanently deprive any owner of that property.

Question 9

In the context of theft, an intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that __________.

Answer 9

the property cannot be returned to any owner in the same condition

This intent also includes scenarios where any owner is likely to be permanently deprived of the property.

Question 10

According to Section 219, taking does not include obtaining ownership or possession of property with the __________ of the person from whom it is obtained.

Answer 10

consent

This holds true regardless of whether consent is obtained by deception.

Question 11

For tangible property, theft is committed by a taking when the offender __________.

Answer 11

moves the property or causes it to be moved

This action constitutes the act of theft.

Question 12

How is dishonestly defined for the purposes of theft?

Answer 12

Done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Dishonesty is a state of mind and may be inferred from the circumstances.

Question 13

What does claim of right mean in relation to an act?

Answer 13

A belief at the time of the act in a proprietary or possessory right in property

This belief may be based on ignorance or mistake of fact or law.

Question 14

What type of belief is required for a claim of right in property?

Answer 14

A belief in a proprietary or possessory right in property

This includes a belief related to ownership or the right to take or retain possession of the property.

Question 15

When must the belief of claim of right be held?

Answer 15

At the time of the conduct alleged to constitute the offence

This ensures the belief is directly connected to the actions taken.

Question 16

The belief in claim of right must be actually held by the defendant. True or False?

Answer 16

TRUE

The belief does not need to be reasonable or based on fact.

Question 17

What may affect the credibility of the defendant’s assertion of belief to claim of right?

Answer 17

The reasonableness of the belief

While the belief can be based on ignorance or mistake, its reasonableness may impact credibility.

Question 18

A genuine but mistaken belief that the defendant had a legal right to take some property may provide a defence to theft. True or False?

Answer 18

TRUE

However, a belief that stealing is not a crime will not provide a defence.

Question 19

If the court is satisfied that the defendant acted with claim of right, what is the outcome?

Answer 19

Entitled to an acquittal on a charge of theft

R v Skivington
Since theft is an essential element of robbery, claim of right is also a defence to robbery.

Question 20

In R v Skivington, what is stated about larceny in relation to robbery?

Answer 20

Larceny (theft) is an element of robbery, and if the honest belief that a man has a claim of 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 out.

Question 21

What did the Court of Appeal in Skivington determine regarding the defendant’s belief?

Answer 21

As long as the defendant genuinely believed he had a right to the money, it was unnecessary to establish that he also believed he was entitled to take the money in the way that he did

He could of course be convicted of common assault.

Question 22

True or false: An offender can be criminally liable for violence or threats used in obtaining property even if claim of right negates theft.

Answer 22

TRUE

Although the robbery charge did not stand in Skivington, he was still convicted on a variety of assault and weapons-related charges.

Question 23

What is the definition of taking according to section 219, Crimes Act 1961?

Answer 23

Taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained.

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Consent can be obtained by deception.

Question 24

For tangible property, when is theft committed?

Answer 24

Theft is committed by a taking when the offender moves the property or causes it to be moved

Theft is complete the moment the item is moved with intent to steal it.

Question 25

In the case of **R v Lapier**, what constituted a sufficient taking to constitute robbery?

Answer 25

The defendant snatched a lady's gold and diamond earring, tearing it from her ear ## Footnote The Court held that even momentary possession was sufficient for robbery. Once theft is complete, the immediate return of the property will not purge the offence.

Question 26

True or false: In **R v Lapier**, robbery is complete only if the thief retains possession of the property.

Answer 26

FALSE ## Footnote Robbery is complete the instant the property is taken, even if possession is only momentary.

Question 27

What does 'using or dealing with property' require?

Answer 27

Acting contrary to any authority or consent given by the owner ## Footnote Conduct must be inconsistent with the rights of the owner.

Question 28

In R v Cox, what two elements must be proved to satisfy possession?

Answer 28

* Physical element * Mental element ## Footnote The physical element involves actual or potential custody or control. The mental element is a combination of knowledge and intention.

Question 29

What is the **physical element** of possession?

Answer 29

Requires physical custody or control over the item ## Footnote Can be either 'actual' or 'potential'.

Question 30

Define **actual possession**.

Answer 30

The thing is in a person's physical custody or control ## Footnote This is a direct form of possession.

Question 31

Define **potential possession**.

Answer 31

The person has the potential to have the thing in their control ## Footnote Example: storing the item at an associate's house.

Question 32

What does it mean to **control** something?

Answer 32

To exercise authoritative or dominating influence over it.

Question 33

What is the **MENTAL ELEMENT** in possession?

Answer 33

A combination of knowledge and intention to possess the item

Question 34

What does **PROOF OF POSSESSION** require?

Answer 34

* Proof of a physical element (actus reus) * Proof of a mental element (mens rea) ## Footnote *R v Cox*

Question 35

According to the **Crimes Act 1961**, what is the definition of **property**?

Answer 35

Property includes real and personal property, any estate or interest in real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest ## Footnote This definition is broad and includes both tangible and intangible items.

Question 36

True or false: A person can control an item that is not in their **physical custody**.

Answer 36

TRUE ## Footnote Control can exist independently of physical custody.

Question 37

In practice, property generally involves **physical, tangible items**, but the statutory definition includes what type of intangible things?

Answer 37

* Electronic funds in a bank account * Megabytes of data in an internet account ## Footnote This highlights the broad interpretation of property under the law.

Question 38

In a criminal law context, what are the **two specific types of intention** in an offence?

Answer 38

* Intention to commit the act * Intention to get a specific result ## Footnote These intentions are crucial for establishing culpability in criminal offences.

Question 39

According to section 2 of the **Crimes Act 1961**, what does assault mean?

Answer 39

The act of intentionally applying or attempting to apply force ## Footnote An example includes intending to strike a victim with a fist.

Question 40

Who has the **onus** to prove an offender's intent in criminal law?

Answer 40

The prosecution ## Footnote They must prove intent beyond reasonable doubt.

Question 41

What type of evidence can support an offender's admissions of intent?

Answer 41

Circumstantial evidence ## Footnote *R v Collister* This can include actions and words before, during, and after the event.

Question 42

In the case of **R v Collister**, what was inferred about the defendants' intent?

Answer 42

Their intent could be inferred from the circumstances

Question 43

List examples of **circumstantial evidence** that may infer an offender's intent.

Answer 43

* Offender's actions and words * Surrounding circumstances * Nature of the act itself ## Footnote These factors help establish the context of the offender's intent.

Question 44

What is the **literal meaning** of an intention to deprive another permanently of property?

Answer 44

Desiring or foreseeing that the other person will never regain the property. ## Footnote An intention to destroy the property, or pass it to another who will retain it will suffice

Question 45

True or false: An intention to destroy the property prevents there being an **intention to deprive permanently**.

Answer 45

FALSE ## Footnote An intention to destroy the property does not negate the intention to deprive permanently.

Question 46

According to **Section 219, Crimes Act 1961**, what does an intent to deprive any owner permanently of property include?

Answer 46

* The property cannot be returned to any owner in the same condition * Any owner is likely to be permanently deprived of the property or of any interest in the property ## Footnote This section outlines the legal definition of theft or stealing.

Question 47

What is the statutory definition of **ownership** for the purposes of theft?

Answer 47

* Possession or control of the property * Any interest in the property * Right to take possession or control of the property ## Footnote According to Section 218, Crimes Act 1961, these criteria determine ownership in the context of theft.

Question 48

True or false: An **owner** of property may be guilty of theft against another owner of that property.

Answer 48

TRUE ## Footnote This indicates that ownership does not exempt one from committing theft against another owner.

Question 49

What constitutes **violence** in the context of robbery according to the statute?

Answer 49

A degree of force that is more than a mere touching ## Footnote The statute does not require actual harm or bodily injury for violence to be established.

Question 50

What must the prosecution prove regarding **violence or threats** in a robbery case?

Answer 50

* Connection between violence/threats and stealing * Intent to steal at the time of violence/threats * Violence/threats used to extort property or prevent resistance ## Footnote The prosecution must establish these elements for a robbery charge to be valid.

Question 51

Fill in the blank: An **implied threat** will be sufficient to constitute the threat of ______.

Answer 51

violence ## Footnote The nature of the threat is considered objectively, regardless of the complainant's fear.

Question 52

When do the **violence or threats** typically occur in relation to the theft?

Answer 52

At or immediately before the time of the theft ## Footnote There may be exceptions where this is not the case.

Question 53

What is not sufficient for robbery regarding the use of violence?

Answer 53

Assaulting a person for an unrelated reason and then taking their wallet ## Footnote The violence must be directly connected to the act of stealing.

Question 54

True or false: In **R v Mitchell**, the defendant successfully argued that the threats were not proximate in time to the money being handed over.

Answer 54

FALSE ## Footnote The court found that the threats had a continuing effect on the victim's decision to pay.

Question 55

What does the court state about threats made previously in **R v Mitchell**?

Answer 55

They may still operate on the mind of the victim at the time of handing over property ## Footnote The determination is a question of fact and degree in each case.

Question 56

What is the **recognised gradation of violence** in the context of robbery?

Answer 56

Involves more than a minimal degree of force and more than a technical assault ## Footnote Violence need not involve the infliction of bodily injury.

Question 57

In **Peneha v Police**, what action constituted violence for the purposes of robbery?

Answer 57

The defendant twisted and pulled the woman's hand backwards to the point where it hurt ## Footnote The Court held this was sufficient to constitute violence, even though it was at the lower end of the scale for robbery.

Question 58

What must the actions of the defendant do to constitute violence according to the courts?

Answer 58

Forcibly interfere with personal freedom or amount to forcible powerful or violent action ## Footnote *Peneha v Police* This action must produce a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 59

True or false: The degree of violence used in robbery is a matter of fact for determination in each case.

Answer 59

TRUE ## Footnote Each case is assessed individually to determine if the violence is sufficient for robbery.

Question 60

What is a **threat** in the context of robbery?

Answer 60

A direct or veiled warning that violence will be used if the victim does not submit to demands ## Footnote *R v Broughton* Threats may also be inferred from the defendant's conduct, demeanour, or appearance.

Question 61

In the context of **threat of violence**, what does the term refer to?

Answer 61

A manifestation of an intention to inflict violence unless money or property is handed over ## Footnote The threat may be direct or veiled, conveyed by words, conduct, or a combination of both.

Question 62

According to **R v Broughton**, what must be assessed to determine if conduct amounts to a threat of violence?

Answer 62

The context in which it occurred ## Footnote This includes consideration of all circumstances surrounding the incident.

Question 63

List the factors that must be considered when assessing a threat of violence according to **R v Broughton**.

Answer 63

* Relative ages of the parties * Respective physiques * Appearance * Demeanor * What was said and done * Manner and setting of the incident ## Footnote These factors help to evaluate the nature of the threat.

Question 64

True or false: The actual presence of fear in the complainant is the primary measure of a threat of violence.

Answer 64

FALSE ## Footnote The conduct of the accused is what must be assessed, not the strength of the nerves of the person threatened.

Question 65

In **R v Butler**, what was the significance of the defendant wearing a balaclava?

Answer 65

It contributed to the inherently violent circumstances ## Footnote The sudden appearance of a tall man in a balaclava while the complainant was securing his premises was deemed to amount to a threat of violence.

Question 66

Fill in the blank: A sufficient implied threat may be inferred from '__________' circumstances where the victim is in a vulnerable position.

Answer 66

inherently violent ## Footnote This implies that the context of the situation can indicate a threat even without explicit threats.

Question 67

What reaction of the person against whom the conduct is directed is relevant in determining a threat of violence?

Answer 67

The reaction of the person must be relevant to the determination ## Footnote This involves questions of fact and degree regarding the conduct.

Question 68

What must the prosecution establish regarding the **defendant's conduct** in violent circumstances?

Answer 68

The defendant foresaw his or her conduct would be perceived as constituting a threat ## Footnote The focus is on the conduct of the defendant rather than the victim's fear.

Question 69

*To any person or property* What does the section clarify about the **threat or violence** in relation to the victim?

Answer 69

It need not be directed against the victim or the victim's property ## Footnote Threats can be made to another person or their property.

Question 70

What must the prosecution prove regarding the **purpose of violence or threats**?

Answer 70

To extort the property stolen, or to prevent or overcome resistance to its being stolen ## Footnote Violence or threats for collateral purposes are insufficient.

Question 71

To **extort** means _______.

Answer 71

to obtain by coercion or intimidation ## Footnote Extortion implies an overbearing of the will of the victim.

Question 72

What must the prosecution show in an **extortion** case?

Answer 72

That the threats induced the victim to part with their property ## Footnote The conduct of the defendant is assessed rather than the nerves of the victim.

Question 73

If the threats have not affected the will of the victim, what is the outcome?

Answer 73

There is no robbery ## Footnote The effect on the mind of the victim is relevant to the question.

Question 74

To **prevent** means _______.

Answer 74

to keep from happening ## Footnote This applies when the offender anticipates resistance from the victim.

Question 75

To **overcome** means _______.

Answer 75

to defeat; to prevail over; to get the better of in a conflict ## Footnote This applies when the victim is resisting and the offender uses violence or threats.

Question 76

In the case of **R v Tahana**, what did the Court of Appeal confirm regarding violence after a theft?

Answer 76

Using violence or threats to deter attempts to recover property after theft does not amount to robbery

Question 77

According to **Section 235, Crimes Act 1961**, what must the prosecution prove to establish a charge of aggravated robbery?

Answer 77

* There was a robbery as defined in section 234 * One of the aggravating features in paragraphs (a), (b), or (c) ## Footnote The prosecution must establish both elements to prove aggravated robbery.

Question 78

What does it mean to be **armed with an offensive weapon** in the context of aggravated robbery?

Answer 78

Being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument ## Footnote This is one of the criteria for aggravated robbery under section 235.

Question 79

What does **SECTION 235(a)** relate to?

Answer 79

Causes grievous bodily harm at the time of, or immediately before or after, the robbery ## Footnote This provision addresses situations where violence used during a robbery results in really serious harm.

Question 80

What does the term **'immediately'** refer to in the context of SECTION 235(a)?

Answer 80

The connection in time between the robbery and the infliction of grievous bodily harm ## Footnote Whether this connection amounts to 'immediate' is a matter of fact and degree to be considered in each case.

Question 81

How can **grievous bodily harm** be defined?

Answer 81

Harm that is really serious ## Footnote *DPP v SMITH* The term 'grievous' refers to the degree of harm rather than the nature of it or how it was caused.

Question 82

According to **DPP v Smith**, what does 'grievous' mean?

Answer 82

'Grievous' means no more and no less than 'really serious' ## Footnote 'Bodily harm' needs no explanation, and the focus is on the degree of harm.

Question 83

True or false: The person suffering **grievous bodily harm** must be the person robbed.

Answer 83

FALSE ## Footnote The Court in R v Wells held that harm can be inflicted on someone other than the robbery victim.

Question 84

In the case of **R v Wells**, what did the court determine regarding the infliction of harm?

Answer 84

Harm can be inflicted on a person seeking to prevent the escape of the offender ## Footnote This case illustrates that the definition of grievous bodily harm extends beyond the robbery victim.

Question 85

What must be proven for a defendant to be part of a **joint enterprise** in a robbery?

Answer 85

The defendant must be part of a joint enterprise by two or more people who were physically present at the robbery and play some active role in the robbery ## Footnote Each must share an intent to steal using their collective force if necessary.

Question 86

What does the term **'together with'** require in the context of robbery?

Answer 86

Two or more people must be actually present and acting together in the commission of the robbery ## Footnote This was highlighted in the case of R v Joyce.

Question 87

What must the Crown establish regarding the presence of persons during a robbery according to **R v Joyce**?

Answer 87

At least two persons must be physically present at the time the robbery was committed or the assault occurred ## Footnote This requirement is crucial for establishing a joint enterprise.

Question 88

In the context of section 235(b), what does **'being together'** involve?

Answer 88

'Two or more persons having the common intention to use their combined force' ## Footnote This intention applies either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 89

What does the term **being armed with** mean?

Answer 89

Carrying the item or having it available for immediate use as a weapon

Question 90

List the **three broad classes** of offensive weapons for the purposes of section 235.

Answer 90

* Items made solely for attacking or inflicting injury (e.g., firearms, swords) * Items altered for causing injury (e.g., broken bottles) * Items intended to cause injury (e.g., baseball bats, knives) ## Footnote These classifications help in understanding the legal implications of carrying such items.

Question 91

Fill in the blank: An **offensive weapon** can be any article made or altered for use for causing _______.

Answer 91

bodily injury ## Footnote This definition is part of the legal framework surrounding offensive weapons.

Question 92

What does the term **instrument** include according to the legislation?

Answer 92

Any item intended to be used as a weapon or to intimidate and overbear the victim's will to resist

Question 93

True or false: **Harmless replicas** of weapons can cause the same apprehension as real weapons.

Answer 93

TRUE ## Footnote Imitation firearms can frighten victims and enforce compliance just like real weapons.

Question 94

What does the term **thing** not include?

Answer 94

A part of a person's body ## Footnote This distinction is crucial in legal definitions regarding instruments.

Question 95

What is the **sentencing guideline** for aggravated robbery?

Answer 95

R v Mako ## Footnote R v Mako is a case where the Court of Appeal set out relevant factors for sentencing.

Question 96

List the **relevant factors** in determining an appropriate sentence for aggravated robbery as per R v Mako.

Answer 96

* Degree of planning and preparation * Number of participants and their actions * Use of disguises or means of concealing identity * Number and type of weapons used * Type of premises or persons targeted * Property stolen and extent of recovery * Associated crimes (e.g., getaway vehicle) * Impact of offending on the victim ## Footnote These factors help the sentencing judge determine an appropriate sentence.

Question 97

True or false: The **impact of the offending on the victim** is a relevant factor in sentencing for aggravated robbery.

Answer 97

TRUE ## Footnote The court emphasized that the impact on the victim should be considered in sentencing.

Question 98

The offences in subsection (1) of Section 236 are designed to provide a more serious punishment for unsuccessful attempts at **aggravated robbery** than what?

Answer 98

The general law of attempts ## Footnote This includes offences such as assault with intent to facilitate the commission of an offence.

Question 99

True or false: The offences in paragraphs (b) and (c) of Section 236(1) require the actual infliction of physical injury.

Answer 99

FALSE ## Footnote These offences do not require physical injury to be inflicted.

Question 100

What two mental elements are required for the offence of **assault with intent to rob**?

Answer 100

* Intent to steal property * Intention to use force or threat of force ## Footnote There is no requirement for a demand to establish intent.

Question 101

What is an **assault with intent to rob** considered under section 236(1)(a)?

Answer 101

An unsuccessful attempt at aggravated robbery ## Footnote The theft element is not complete in this context.

Question 102

What are some **aggravating factors** included under section 236(1)?

Answer 102

* Infliction of grievous bodily harm * Use of a weapon * Combination of two or more robbers acting together ## Footnote These factors increase the severity of the offense.

Question 103

True or false: The person suffering grievous bodily harm must be the person **robbed** under section 236(1)(a).

Answer 103

FALSE ## Footnote The person suffering grievous bodily harm need not be the person robbed.

Question 104

What does section 236(1)(b) refer to regarding **being armed**?

Answer 104

Being armed with any offensive weapon ## Footnote This section addresses the use of weapons in the context of assaults.

Question 105

Define **assault** according to section 2(1), Crimes Act 1961.

Answer 105

The act of intentionally applying or attempting to apply force to another person ## Footnote This includes direct or indirect application of force or threats.