Robbery

Question 1

define robbery

Answer 1

theft of property by intentionally using violence or a threat of violence to induce someone to submit to the taking of the property

Question 2

what are the elements of robbery

Answer 2

theft
actual/threatened violence, casually linked to theft
intention to acquire property by violence

Question 3

describe the element of theft

Answer 3

appropriation
property capable of being stolen
unlawfulness
intent

property need not be on the victim’s person

Question 4

describe what happened in the case of S v Shishuba

Answer 4

the first and second robbed and killed a couple in their own house
they forced the electric transfer of money
the first accused worked for the couple
The second accused was an accomplice from the first accused township

Question 5

describe the actual/threatened violence

Answer 5

causal link between violence/threat of violence and the theft
purpose of violence/threatened violence must be to induce the victim to submit to the taking of prop
the object of violence/threat of violence to prevent, overcome or put an end to victims resistance
directed at a person and not the property

Question 6

does pickpocketing count as robbery? back it up with case law

Answer 6

The case of S v Gqalowe
accused was convicted of robbery then on review, convicted for theft after snatching a bag out of a pocket and ran away
no violence directed at complainant

Question 7

describe the inteion to acquire property by violence element

Answer 7

dolus req
accused must intend to
1. steal property
2. use force/threats to overcome resistance and induce submission