Day 4: Robbery

Question 1

Robbery

Section and Elements

Answer 1

Section 234 (1)

• Theft
• Accompanied by violence
  or accompanied by
  threats of violence
• To any person or
  property
• Used to extort the
  property stolen or to
  prevent or overcome
  resistance to its being
  stolen.

Question 2

Aggravated Robbery (a)

Section and Elements

Answer 2

Section 235(a) CA 1961

• Robs
• Any person
• At the time of or immediately before or immediately after, the robbery
• causes GBH
• to any person

Question 3

Aggravated Robbery (b)

Section and Elements

Answer 3

Section 235(b) CA 1961

• being together with any other person(s)
• robs
• any person

Question 4

Aggravated Robbery (c)

Section and Elements

Answer 4

Section 235(c) CA 1961

• being armed with any
  offensive weapon or
  instrument or any thing
  appearing to be such a
  weapon or instrument
• robs
• any other person

Question 5

Assault with intent to rob (1)(a)

Answer 5

Section 236(1)(a)

• With intent to rob any
  person
• Causes GBH
• to that person or any
  other person

Question 6

Assault with intent to rob (1)(b)

Answer 6

Section 236(1)(b)

• With intent to rob any
  person
• being armed with any
  offensive weapon or
  instrument or anything
  appearing to be such a
  weapon or instrument
• assaults that person or
  any other person

Question 7

Assault with intent to rob (1)(c)

Answer 7

Section 236(1)(c)

• With intent to rob any
  person
• being together with any
  other person or persons
• assaults that person or
  any other person

Question 8

Assault with intent to rob (2)

Answer 8

Section 236(2)

• Assaults
• Any person
• With intent to rob that
  person or any other
  person

Question 9

Theft definition:

Caselaw

Answer 9

Dishonestly and WCOR, taking/using or dealing with any property with intent to deprive any owner permanently of that property or interest

R v Lapier
R v Peat
R v Cox

Question 10

Claim of right definition:

Answer 10

A proprietary right to the property – s2 CA 1961

Question 11

R v Lapier

Answer 11

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

Question 12

R v Skivington

Answer 12

Defence

Defence to theft (claim of right) is a defence to robbery

Question 13

R v Peat

Answer 13

The immediate return of the goods does not purge the offence

Question 14

R v Cox

Answer 14

Possession

Possession involves 2 elements:

1) Physical element. Actual possession or control.

2) Mental element. Combination of knowledge and intention

Question 15

Ownership definition (a,b,c)

Answer 15

a) possession or control of
the property

b) any interest in the
property

c) the right to take
possession or control of
the property

Question 16

Nexus meaning:

Answer 16

Connection or link

Question 17

R v Maihi

Answer 17

There must be a connection between the act of stealing and threat of violence. Both must be present; however, the term does not require that the act of stealing and threat by made contemporaneously.

Question 18

R v Mitchell

Answer 18

previously made threats on the victim’s mind, assessed by fact and degree in each case.

Question 19

Peneha v Police

Answer 19

Sufficient that the defendants acts forcibly interfere with the personal freedom, or a forcible powerful or violent action or motion

Question 20

R v Broughton

Answer 20

Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the threat.

Question 21

Extort definition:

Answer 21

Obtained by coercion or intimidation

Question 22

R v Joyce

Answer 22

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

Question 23

R v Galey

Answer 23

“Being together with” in the context of section 235(b) involved “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.”

Question 24

R v Bentham

Answer 24

A persons body is not a weapon (ie a hand under the shirt)

Question 25

When is theft committed by ‘taking’ in regards to tangible property?

Answer 25

Section 219 (4)

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved

Question 26

Three broad classes of offensive weapon:

Answer 26

• Items that are made solely for the purpose of attacking or inflicting injury, such as firearms, swords or knuckledusters.
• Items that may otherwise have an innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to create a jagged edge.
• Items that are intended to cause injury, which includes anything capable of causing injury that is carried by the defendant for that purpose, such as a baseball bat or a knife

Question 27

Accompanied by violence definition and caselaw:

Answer 27

More than a minimal degree of force but need not involve the infliction of bodily injury

Peneha V Police

Question 28

Threats of violence definition and caselaw:

Answer 28

A direct of veiled warning that violence will be used if they don’t submit

R v Broughton
R v Mitchell
R v Maihi

Question 29

Being together with definition and caselaw:

Answer 29

Together with requires two or more people physically present and acting together in the commission of the robbery.

R v Joyce
R v Galey