Robbery

Question 1

Section 234

Answer 1

ROBBERY - S234(1)
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 the proeprty being stolen).

Question 2

Theft - S219

Answer 2

Dishonestly, without claim of right, takes any property, with the intent of permanently depriving owner of that property or interest in.

Question 3

Dishonestly/Without claim of right

Answer 3

DISHONESTLY - Done/omitted without the belief that there was express or implied consent
WCOR - At the time of the act had no belief they had possessory right to the property, although belief may be based on ignorance/mistaken fact

Question 4

R V Lapier

Answer 4

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

Question 5

R V Cox

Answer 5

COX - POSSESSION
Possession involves two elements. The first, the physical element, is actual or potential physical custody/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 6

R V Maihi

Answer 6

There must be a nexus between the act of stealing and threat of violence. Both must be present. However, they don’t need to be contemporaneous.

Question 7

Peneha V Police - Violence

Answer 7

PENEHA - VIOLENCE
The actions of the defendant forcibly interfere with personal freedom or powerful effect tending to cause bodily injury or discomfort.
- Must be more than a minimal degree of force and more than a technical assault

Question 8

Violence in the context

Answer 8

Relative ages of the parties, respective physiques, appearance, demeanour, said/done, manner and setting of incident

Question 9

Extort/Prevent/Overcome

Answer 9

EXTORT - to obtain by violence, coercion or intimidation/to extract forcibly, implies an overbearing of the will of the victim (if not effected then no robbery)
PREVENT - Offender anticipates resistance and uses violence so it doesn’t start
OVERCOME - When victim is resisting and violence used to overpower/subdue

Question 10

R V Skivington

Answer 10

SKIVINGTON
If person has honest belief that they have a claim of right - it is a defence to larceny. Thus it negates one of the elements of robbery and the full offence is not made out.
Acted with a claim of right entitled to acquittal.