Robbery (Section 234 Crimes Act 1961)

[Note: The order of this question trail can be changed to put the key issue, for instance violence, first.]

Charge 1: Robbery under s 234 of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith took Mr Jones’ suitcase?
	“Taking” does not include the situation where ownership, possession, or control over property is obtained by consent, even if by deception. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith took the suitcase dishonestly?
	“Dishonestly” means taking the suitcase without a genuine belief that Mr Jones, or anyone else entitled to give him consent or approval, consented or gave him authority to do so. This belief does not need to be reasonable. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith took the suitcase without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of taking the suitcase, he had a lawful right to take the suitcase. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith took the suitcase with the intent to permanently deprive Mr Jones of it?
	[Note: Amend or delete (a) or (b) of the definition of “intent to permanently deprive” set out below as required.] “Intent to permanently deprive” includes an intent to deal with the suitcase in a way which means: (a) the suitcase cannot be returned to Mr Jones in the same condition; or (b) Mr Jones is likely to be permanently deprived of the suitcase or of any interest in the suitcase. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith punched Mr Jones [and/or threatened to punch Mr Jones] so he could take the suitcase [or to prevent resistance to the suitcase being taken]?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.