FOCUS Robbery

Question 1

Robbery

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 1

Section 234(1)
Crimes Act 1961
Penalty: 10 years

Theft / Accompanied by Violence OR Threats of Violence / To any person OR Property / Used to Extort the Property Stolen OR Prevent or Overcome Resistance to it being stolen

R v Skivington
R v Lapier
R v Cox
R v Maihi
Peneha v Police
R v Broughton

Theft
Possession
Actual Possession
Ideal Possession
Constructive Possession
Accompanied By
Violence
Threats of Violence
To any person
Property
Extort
Prevent
Overcome Resistance

Question 2

Define theft

Answer 2

Dishonestly and without claim of right taking any property with intent to deprive any owner of that property or if any interest in that property

Question 3

R v Skivington

Answer 3

Larceny is an ingredient of robbery and if the honest belief that a man has a claim of right as a defence to larceny negates one of the ingredients on the offensive robbery without proof of which the full offence is not made out

Question 4

R v Lapier

Answer 4

Robbery is complete the instant the property is taken even if position by the thief is only momentarily

Question 5

Define Possession

Answer 5

Possession maybe actual or constructive

Question 6

Define actual possession

Answer 6

Actual possession arises whether thing in question is in a persons physical custody; it is on or about the person or immediately at hand

Question 7

Define Ideal Possession

Warner v Metro Police Commissioner

Answer 7

The term possession must be given I sensible and reasonable meaning in its context. I dearly a possessor of a thing has:

• complete physical control over it;
• knowledge of its existence , its situation and qualities

Question 8

Define Constructive Possession

Answer 8

Constructive Possession arises when something is not in a persons physical custody, but they have ready access to it or can exercise control over it

Question 9

Define Accompanied By

Answer 9

The prosecution must prove:

• A connection between the violence or threats of violence and the stealing of the property;
• The defendant had an intent to steal at the time the violence or threats were used;
• The violence or threats were used for the purpose of extorting the property or preventing or overcoming resistance to it being stolen

Question 10

R v Maihi

Answer 10

It is implicit in a company that there must be a nexus 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 11

Define violence

Answer 11

In the context of robbery violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury

Question 12

Peneha v Police

Answer 12

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful violent action on motion producing a very marked powerful affect intending to cause bodily injury or discomfort.

Question 13

Define threats of violence

Answer 13

A threat is generally a direct or via warning that violence will be use of the victim does not submit to the robbers demands. Threats might also be conveyed by interference through the defendants conduct, demeanour or even appearance depending on the circumstances

Question 14

R v Broughton

Answer 14

A threat of violence is the manifestation of an intention to inflict violence unless the money will probably be handed over.

Threat maybe direct or Vale. It may be conveyed by words or conduct or a combination of both.

Question 15

Define Person

Answer 15

Gender neutral. Violence or threats can be directed to any person not just the victim and any property interest.

Question 16

Define Property

Answer 16

Property includes real or personal property and any estate or interest in any real or personal property, money, electricity any debt and anything action any other right or interest

Question 17

Define extort

Answer 17

To extort means to Obtain by correction or intimidation. Extortion implies and overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

Question 18

Define prevent

Answer 18

To keep from happening

Question 19

Define overcome resistance

Answer 19

To defeat, to prevail over, to get the better of in a conflict

Question 20

Aggravated Robbery (GBH)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 20

Section 235(a)
Crimes Act 1961
Penalty: 14 years

Robs any Person / And at the time of OR immediately before OR immediately after the robbery / Causes GBH to any person

DPP v Smith

Robbery
Person
At the Time Of
Immediately Before
Immediately After
Grievous Bodily Harm

Question 21

DPP v Smith

Answer 21

Bodily harm needs to explanation and grievous means no more and no less than “really serious”

Question 22

Define At time Time Of

Answer 22

During the commission of the theft, at the time of taking with the required intent

Question 23

Define immediately before / after

Answer 23

Refers to the connection between the robbery and the infliction of grievous bodily harm

Question 24

Define GBH

Answer 24

Grievous bodily harm can be defined simply as “harm that is really serious”

Question 25

Aggravated Robbery (Together)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 25

Section 235(b)
Crimes Act 1961
Penalty: 14 years

Being Together with any other person OR persons / Robs / Any Person

R v Galey
R v Joyce

Being together with
Robbery
Person

Question 26

R v Galey

Answer 26

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 perpetration of the crime”.

Question 27

R v Joyce

Answer 27

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

Question 28

Aggravated Robbery (Weapon)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 28

Section 235(c)
Crimes Act 1961
Penalty: 14 years

Being armed with an offensive weapon OR instrument OR anything appearing to be such an offensive weapon or instrument / Robs / Any Person

Being armed with
Offensive Weapon
Instrument
Any thing appearing to be such a weapon or instrument
Robbery
Person

Question 29

Define Being Armed With

Answer 29

The term being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 30

Define Offensive Weapon

Answer 30

Section 202A(a) CA61
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

Question 31

Define Instrument

Answer 31

The term instrument is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resists

Question 32

Define Any thing appearing to be such a weapon or instrument

Answer 32

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon

Question 33

R v Heard

Answer 33

“The form of words used for a demand does not matter. ‘Demand’ is a strong word,
but … a demand does not have to be couched in abusive terms, so long as it is
clear that it is a request for something.”

Question 34

Define Demand

Answer 34

To “demand” is to require or ask for something firmly, as though with
authority or as of right.

Question 35

R v Cox

Answer 35

Possession involves two elements. The first, often called the physical element, is actual or potential custody or control. The second, often described as the mental element, is a combination of knowledge and intention.