Case Law & Definitions - Robbery

Question 1

R v Skivington

Answer 1

A defence to Theft and therefore Robbery is that there is an honest belief that they had a claim of right to the item taken

Question 2

R v Lapier

Answer 2

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary

Question 3

R v Maihi

Answer 3

There must be a connection between the act of stealing and a threat of violence. Both must be present however do not need to be contemporaneous

Question 4

R v Joyce

Answer 4

The crown must establish that at least two persons were physically present at the time the Robbery was committed or the assault occurred

Question 5

R v Broughton

Answer 5

A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both

Question 6

R v Galey

Answer 6

Being together in the context of s235(b) involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the preparation of the crime

Question 7

R v Cox

Answer 7

Possession involves two elements. First, often called the physical element, is actual or potential physical custody or control. Second, often described as the mental element, is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 8

Extort

Answer 8

To obtain by coercion or intimidation. The threat induced the victim to part with their property.

Question 9

Prevent

Answer 9

To keep from happening. The offender anticipates resistance and uses violence or threats to ensure it does not commence.

Question 10

Overcome

Answer 10

To defeat, to prevail over, to get the better of. The offender uses violence or threats to overpower and subdue the victim.

Question 11

Robbery Section, subsection, act, penalty and elements

Answer 11

s234(1) CA61 (10yrs) - Theft - Accompanied by violence OR threats of violence - To any Person OR to any property - Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen

Question 12

Aggravated Robbery Section, subsection, act, penalty and elements

Answer 12

s235 CA61 (14yrs) - Robs - Any person (a) at the time of or immediately before/after the Robbery, causes GBH to any person (b) being together with any person(s) (c) being armed with any offensive weapon or instrument or anything appearing to be a weapon or instrument