Case Law Robbery

Question 1

R V Skivington (1967)

Theft claim of right

Answer 1

“Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then its negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.”

Question 2

R V Lapier (1784)

Taken

Answer 2

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

Question 3

R V Cox (1990)

Possession

Answer 3

Position involves two elements the first often called the physical element, is actual or potential physical custody or control. The second often described is the metal 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 intention to exercise possession.