Case Law and Definitions

Question 1

Theft

Answer 1

Dishonestly, and without claim of right takes any property with intent to deprive the owner permanently of that property.

Question 2

Dishonestly

Answer 2

In relation to an act or omission, means done or omitted without belief that there was express consent or implied consent to, authority for, the act or omission from a person entitiled to give such consent or authority.

Question 3

Claim of Right

Answer 3

Means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enacntment which the offence is alleged to have been committed.

Question 4

Takes

Answer 4

For tangible property, theft is committed by a taking when the offender moves the property.

Question 5

R v Lapier

Answer 5

Robbery is complete the instant the property is taken, even if posssession by the theif is only momentary.

Question 6

R v Skivington

Answer 6

Claim of right is a defence to robbery.

Question 7

R v Peat

Answer 7

The immediate return of goods by the robber does not purge the offence.

Question 8

R v Cox

Answer 8

Possesson involves two elements

The physical element is actual or potential physical custody or control.

The mental element is a combination of knowledge and intention

Question 9

R v Maihi

Answer 9

Accompanied

There must be a nexus between the act of stealing and a threat of violence however does not need to be contemporaneous.

Question 10

Peneha v Police

Answer 10

Forcibly interfereing with personal freedom.

Question 11

R v Broughton

Answer 11

Threats

The threat may be direct or veilled. It may be conveyed by words or conduct or a combination of both.

Question 12

R v Pacholko

Answer 12

Threat

It is the conduct of the accused to be assessed than the nerves of the person threatened.

Question 13

Extort

Answer 13

To obtain by coercion or intimidation

Question 14

Prevent

Answer 14

Keep from happening

Question 15

Overcome

Answer 15

To defeat or prevail over.

Question 16

Robbery

Answer 16

Theft accompanied by violence or threats of violence to any person or any property used to extort property stolen or prevent or overcome resistance to its being stolen.

Question 17

Grevious Bodily Harm

Answer 17

Harm that is really serious

Question 18

DPP v Smith

Answer 18

Bodily harm needs no explanation and grevious is really serious.

Question 19

R v Wells

Answer 19

No requirment that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section.

Question 20

Together With

Answer 20

Requires two or more people that are actually present and acting together in the commission of an offence.

Question 21

R v Joyce

Answer 21

At least two persons were physically present at the time the robbery was committed.

Question 22

R v Galey

Answer 22

Two or more persons having the common intention to use their combined force.

Question 23

Being armed with

Answer 23

Defendant is carrying the item or has it available for immediate use as a weapon.

Question 24

Offensive Weapon

Answer 24

Any article made or altered for use for causing bodily injury.

Question 25

R v Bentham

Answer 25

What is possessed must be a thing, cannot be a hand or fingers.