ROBBERY

Question 1

Section, Act, Penalty

Elements

Answer 1

234 CA 1961 - 10yrs

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 it being stolen

Question 2

Theft

Answer 2

Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 3

Theft - Case Law

Answer 3

Skivington
Theft is an ingredient in robbery.
If the accused had an honest belief that they had a claim of right then this is a defence. It negates one of the ingredients in the offence of robbery without proof of which, the full offence is not made out.

Question 4

When is robbery complete- Case Law

Answer 4

Lapier

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

Question 5

Possession - Case Law

Answer 5

Cox
Possession involves two elements.
1. Physical Element- Actual or potential physical custody or control
2. Mental Element - A combination of knowledge and intention. Knowledge in a sense of awareness by the accused that the substance is in his possession and an intention to exercise that possession.

Question 6

Any property

Answer 6

Property includes any real or person property, any any estate or interest in any real or personal property, money, electricity and any debt and anything in action or any other right or interest.

Question 7

Accompany - Case Law

Answer 7

Maihi
It is implicit in ‘accompany’ that there must be a connection between the act of stealing and the threat of violence. Both must be present.

Question 8

Violence

Answer 8

Violence must involve more than a minimal degree of force and more than a technical assault.

Question 8

Violence - Case Law

Answer 8

Peneha

It is suffice that the actions of the defendant forcibly interfere with the person freedom of the other person.

Question 9

Or threats of violence

Answer 9

The manifestation of an intention to inflict violence unless the property is handed over. May be conveyed by conduct, words or both.

Question 10

To any person

Answer 10

Gender neutral, proven by judicial notice or circumstantial evidence.

Violence or threats can be directed at any person, not just the victim and any property of interest.

Question 11

Extort the property stolen

Answer 11

Extort means to obtain by violence, coercion or intimidation.

Question 12

Or Used to Prevent or Overcome Resistance to it Being Stolen

Answer 12

To prevent; To keep from happening

Or Overcome;To defeat, to prevail over, to get the better of in a conflict.