Case Law - Robbery

Question 1

R v Skivington

Answer 1

Larceny (or theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out

(Robbery, claim of right - defence to the charge)

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

(Robbery, taking)

Question 3

R v Cox

Answer 3

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, 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

(Robbery, possession)

Question 4

R v Maihi

Answer 4

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present. However the term does not require the act of stealing and the threat of violence to be contemporaneous

(Robbery, accompanied by)

Question 5

Peneha v Police

Answer 5

It is sufficient that “the actions of the defendant forcibly interfere with personal freedom, or amount to forcible powerful or violent action or motion, producing a very marked or powerful effect, tending to cause bodily injury or discomfort”

(Robbery, Violence)

Question 6

R v Joyce

Answer 6

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

Question 7

R v Galey

Answer 7

‘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 perpetration of the crime