Robbery Flashcards
R v Cox
‘Possession’
Possession includes two elements:
It was found that both a physical element and mental element must be proved to satisfy possession.
R v Maihi
‘Accompanied by Violence’
‘Laura’
There must be a nexus (connection) between the act of stealing and the threat of violence.
Does not require they be contemporaneous
R v Broughton
‘Threat of violence’
‘Broughton is a beast and threatens everyone’
Intention to inflict violence
The threat may be direct or veiled
The presence or absence of fear by the victim is irrelevant.
Peneha v Police
‘Violence’
The actions of the defendant forcibly interfere with personal freedom.
Violence must involve more than minimal degree of force.
R v Joyce
‘Together with’
‘Joy, to be with another person’
Two persons were physically present at the time the robbery was committed or the assault occurred.
R v Galey
‘Together with’
Two or more persons having the common intention to use their combined force, either in any event or as circumstance might require, directly in the perpetration of the crime.
R v Skivington
‘Theft’
Theft is an element to Robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.
R v Lapier
‘Theft’
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
