Sections 409 and 411 of the Criminal Code 1899 (Qld) must be construed according to their terms, not the common law, and common law cases concerning violence after the taking of property are not apposite to the Code provisions. An alternative verdict of stealing need not be left to the jury on a robbery charge where the alternative does not fairly arise on the whole of the evidence, particularly where leaving it would require a fundamental change to the prosecution case and defence counsel has objected for sound forensic reasons.
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