Notes - Robbery

Question 1

John waits down the road as a look out. Bill runs in and uses violence to steal smoke. Although they have acted jointly in the offending why is it not an agg rob by being together with ?

Answer 1

R v Joyce
Proof committing the robbery that John and Bill were of a joint enterprises by two or more persons who were physically present at the time of the robbery

Not physically together. Guilty of robbery

Question 2

Can a finger up a jersey pretending to be a gun be defined as an instrument or an item appearing to be an offensive weapon ?

Answer 2

R v Bentham
No. Finger uses to simulate the possession of a firearm is not armed with any thing. Anything does not include defendants hand

Question 3

What was held in R v Skington ?

Answer 3

Defence to theft (under claim or right) is a defence to robbery.

Question 4

What questions must you ask when you receive information from a CHIS in relations to a robbery?

Answer 4

Supplied reliable information previously
Information come from more than one source
Staff members who work on the premises of the intended robbery notes at any suspicious people in the vicinity
Does the company deal with large amounts of money drugs or valuable goods?
Cooperate, the information received is correct. 

Question 5

What was held in R v Lapier ?

Answer 5

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

Question 6

What was held in R v Joyce

Answer 6

Proof of committing the robbery. The defendant was part of a joint enterprise by two or more persons who were physically present at the robbery

Question 7

Claim of right ?

Answer 7

A belief in propriety or possessory right in property

in relation to which the offence is alleged to have been committed

Question 8

Nature of belief ?

Answer 8

1. Belief must be a belief in a proprietary or possessory right in property
2. The belief must be about rights to the “property in relation to which the offence is alleged to have been committed”
3. The belief must be held at the time of the conduct alleged to constitute the offence
4. Belief must be actually held by the defendant. Belief is not required to be reasonable or reasonably held

Question 9

Ingredients to Theft ?

Answer 9

dishonestly, with the clean my right, takes any property with intent to deprive any owner permanently of that property or any interest in that property

Question 10

Ownership ?

Answer 10

A person is to be regarded as the owner of any property that is stolen at the time of the theft.
That person has
A. Position or control of the property, or
B. Any interest in that property or
C. The right to take position or control of the property 

Question 11

Possession

Answer 11

Possession may be actual or potential

Question 12

Actual Possession

Answer 12

Actual possession arises where the thing i questions is in a persons physical custody or control

Question 13

R v Cox

Answer 13

2 elements.
First physical element, actual or potential physical custody or control.
Second mental element, combination of knowledge and intent.

Question 14

Potential Possession

Answer 14

Aries when the person has the potential to have the thing in question in their control

Question 15

What factors elevate the offence of Robbery to Agg Robbery ?

Answer 15

• at the time of work immediately before, or after caused GBH to any person.
• being together with any other person, robs any other person
• being armed, with any offensive, weapon, or instrument, or anything, appearing to be such a weapon or instrument, robs any other person