Robbery

Question 1

Robbery Legislation

Answer 1

Section 234, CA 1961

(1) Robbery is:
-theft
-accompanied by violence or threats of violence,
-to any person or property,
-used to extort the property stolen
-or to prevent or overcome resistance to its
being stolen.

(2) Every one who commits robbery is liable to imprisonment for a term not exceeding
10 years.

Question 2

Theft - Meaning

Answer 2

219(1)(a)

• Dishonestly
• Without claim of right
• Takes
• Any Property
• With intent to permanaitnely deprive any owner of that property
• Or of any interest in that property

OR
219(1)(b)
-Dishonestly
-Without claim of right
-Uses or deals with
-Any Property
-With intent to permanaitnely deprive any owner of that property
-After obtaining possession or control over the property in whatever manner

Question 3

Dishonestly meaning

Answer 3

Means an act or omission done without a belief that there was express or implied consent to do so from a person entitled to give such consent or authority

Note: Dishonesty is state of mind, and the fact that the defendant acted without the requisite belief. Therefore dishonestly, may be inferred from the
circumstances.

Question 4

Claim of Right definition

Answer 4

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been
committed.

That belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been
committed.

The belief must be “actually held” by the defendant - it does not need to be reasonable.

Question 5

R v Skivington

Answer 5

“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.”

Question 6

Taking - R V LAPIER

Answer 6

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

Note: Property is “Taken” as soon as it is moved with the intent to steal it

Question 7

R V COX

Answer 7

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.

Question 8

Control Meaning

Answer 8

To “control” something means to exercise authoritative or dominating influence over it.

Question 9

Property definition

Answer 9

Includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest

Question 10

Deprive owner permanently meaning

Answer 10

The thief must desire, or foresee as virtually certain, that the owner will never regain the property.

Question 11

Ownership defined (3 occasions)

Answer 11

if, at the time of the theft, that person has—

(a) possession or control of the property; or
(b) any interest in the property; or
(c) the right to take possession or control of the property

Question 12

R V MAIHI

Answer 12

“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 that the act of stealing and the threat of violence be contemporaneous …”

Question 13

Violence - PENEHA V POLICE

Answer 13

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”.

Question 14

Threats of violence

Answer 14

“the manifestation of an intention to
inflict violence unless the money or property be handed over. It may be conveyed by words or conduct, or a combination of both.”

Question 15

Used to extort the property stolen - What must the prosecution prove

Answer 15

That the purpose of the violence or threats was to
extort the property stolen, or to prevent or overcome resistance to its being stolen

It is not sufficient that the offender simply used violence or threats if such
use was for some collateral purpose

Question 16

Extort meaning

Answer 16

To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly.”