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Robbery

Robbery. Angela + Hadi. Definition.

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Robbery

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  1. Robbery Angela + Hadi

  2. Definition • “The essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige him to part with the property; in other words, the victim must be compelled by force or fear to submit to the theft. It is not sufficient that the threat of violence is made after the property has been taken; both elements of the offence must coincide.”

  3. Statutory Scheme Robbery is included in the crimes act 1900 and divided into 5 sections as follows : • robbery or stealing from the person (s 94); • robbery in circumstances of aggravation (s 95); • robbery with wounding (s 96); • robbery etc. or stopping a mail, being armed or in company (s 97) • robbery with arms etc. and wounding (s 98). These “establish a series of offences, in ascending degrees of seriousness, and with ascending orders of maximum penalty, depending on the circumstances of the case” “A judge, in imposing sentence, is entitled to consider all the conduct of the accused, including that which would aggravate the offence, but cannot take into account circumstances of aggravation which would have warranted a conviction for a more serious offence” has particular relevance to robbery offences. The Queen v De Simoni (1981)

  4. CRIMES ACT 1900 - SECT 94 Robbery or stealing from the person Whosoever: robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from theperson of another, shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.

  5. CRIMES ACT 1900 - SECT 95 Same in circumstances of aggravation Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years. • In this section, "circumstances of aggravation" means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following: • the alleged offender uses corporal violence on any person, • the alleged offender intentionally or recklessly inflicts actual bodily harm on any person • the alleged offender deprives any person of his or her liberty.

  6. CRIMES ACT 1900 - SECT 96 Same (robbery) with wounding Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.

  7. CRIMES ACT 1900 - SECT 97 Robbery etc. or stopping a mail, being armed or in company • Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same, shall be liable to imprisonment for twenty years. • Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years. • Alternative verdict If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

  8. CRIMES ACT 1900 - SECT 98 Robbery with arms etc. and wounding98 Robbery with arms etc. and wounding Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.

  9. CRIMES ACT 1900 - SECT 99 Demanding property with intent to steal • Whosoever, with menaces, or by force, demands any property from any person, with intent to steal the same, shall be liable to imprisonment for ten years. • Aperson is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 14 years. • It is immaterial whether any such menace is of violence or injury by the offender or by any other person.

  10. Objective/Subjective factors Objective factors relevant to all robbery offences • Joint criminal enterprise • Aiders, abettors and principals in the second degree • Parity • Multiple counts / totality • Form 1 offences • Use of weapons • Victims Subjective factors commonly relevant to robbery • Drug addiction • Mental health and intellectual functioning • Youth

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