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7.5.3.3 - Checklist: Armed Robbery

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Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused committed theft; and
  2. Immediately before or at the time of the theft, the accused either:
  3. The accused acted in that way in order to commit the theft; and
  4. The accused had a [firearm / imitation firearm / offensive weapon / explosive / imitation explosive] with him/her at the time of the theft.

 

Theft

1. Did the accused commit theft?

1.1 Did the accused appropriate property that belonged to another person?

Consider - Did the accused take something without the owner’s consent?

If Yes, then go to 1.2

If No, then the accused is not guilty of Armed Robbery

1.2 Did the accused intend to permanently deprive another person of that property?

If Yes, then go to 1.3

If No, then the accused is not guilty of Armed Robbery

1.3 Was the accused acting dishonestly?

Consider - Might the accused have believed that s/he had a legal right to take the property?

If Yes, then go to 2

If No, then the accused is not guilty of Armed Robbery

Use of Force

2.1 Immediately before or at the time of the theft, did the accused use force against another person?

If Yes, then go to 3

If No, go to 2.2

2.2 Immediately before or at the time of the theft, did the accused put a person in fear, or seek to put a person in fear, that force was going be used on him or her or another person, then and there?

If Yes, then go to 3

If No, then the accused is not guilty of Armed Robbery

Force Used in Order to Commit Theft

3. Did the accused act in this way in order to commit the theft?

Consider - Did the accused use or threaten the use of force for the purpose of stealing, rather than for another purpose?

If Yes, then go to 4

If No, then the accused is not guilty of Armed Robbery

The Accused was Armed

4. Did the accused have a [firearm / imitation firearm / offensive weapon / explosive / imitation explosive] with him/her at the time of the theft?

4.1 Did the accused have this item either on him/her or readily available for use?

If Yes, then go to 4.2

If No, then the accused is not guilty of Armed Robbery

4.2 Was the item a [firearm / imitation firearm / offensive weapon / explosive / imitation explosive]?

If Yes, then go to 4.3

If No, then the accused is not guilty of Armed Robbery

4.3 Did the accused have this item with him/her for the purpose of the robbery?

Consider – Did the accused intend to use the item to apply force to a person, or to put a person in fear that s/he or another person would, then and there, be subject to the use of force.

If Yes, then the accused is guilty of Armed Robbery

If No, then the accused is not guilty of Armed Robbery

 

Last updated: 13 August 2009

See Also

7.5.3 - Armed Robbery

7.5.3.1 - Charge: Armed Robbery (Short)

7.5.3.2 - Charge: Armed Robbery (Extended)