Day 4: Robbery Caselaw

Question 1

R v Skivington

Answer 1

Theft is an element of Robbery. Defence to theft (claim of right) is a defence to robbery

Question 2

R v Lapier

Answer 2

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

Question 3

R v Cox

Answer 3

Possession involves 2 elements:

1) Physical. Actual or potential custody or control

2) Mental. Combination of knowledge and intention

Question 4

R v Maihi

Answer 4

There must be a connection between the act of stealing and the threat of violence. Both must be present. Does not need to be contemporaneously.

Question 5

Peneha V Police

Answer 5

(Womens wrist and handbag)

It is sufficient that the defendant’s acts interfere with personal freedom

Question 6

R v Broughton

Answer 6

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

Question 7

R v Joyce

Answer 7

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

Question 8

R v Galey

Answer 8

(look out)

“Being together” in the context of Section 235(b) involves “two or more persons having the common intention to use their combined force, directly in the perpetration of the crime.

Question 9

R v Peat

Answer 9

The immediate return of the goods does not purge the offensive

Question 10

R v Mitchell

Answer 10

There may be occasions when property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time

Question 11

R v Bentham

Answer 11

What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.