Robbery Flashcards
What is the elements of robbery?
- Theft
- Accompanied by violence OR threats of violence
- To any person or property
- Used to extort property stolen OR to prevent or overcome resistance to its being stolen
What are the elements of Aggravated Robbery Section 235(a)?
- Robs any person
- at the time of OR immediately before OR immediately after the robbery
- causes GBH
- to any person
What are the elements of Aggravated Robbery Section 235(b)?
- being together with any other person or persons
- robs
- any person
What are the elements of Aggravated Robbery Section 235(c)?
- being armed with offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
- robs
- any other person
What are the elements of theft?
- dishonestly
- without claim of right
- taking any property
-with intent to permanently deprive the owner of that property
Define “dishonestly”?
- means done or omitted without belief that there was express or implied consent,
- or authority for
- the act or omission from person entitled to give consent or authority
Define “claim of right”?
- means a belief at the time of act in a proprietary or possessory right in property
- in relation to which the offence is alleged to have been committed
What is R v Lapier?
Robbery is complete the instant the property has been taken, even if possession by thief is only momentary
What is R v Peat?
- in the case of theft;
- the immediate return of goods does not purge the offense
- subject always to the necessary intent existing at the time of taking
What is R v Cox?
- possession involves two elements
- the first is the physical element, is actual or potential physical custody or control
- the second is the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that substance is in possession, and an intention to exercise possession
What is R v Skivington?
- theft is an element of robbery
- and if the honest belief that a man has COR is a defense to theft
- then it negates one of the elements for robbery
- without proof of which the full offence is not made out
What is Peneha v Police?
- It is sufficient
- “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”
What is R v Broughton?
- a threat of violence is;
- manifestation of an intention to inflict violence unless the money be handed over
- threat may be direct or veiled
- it may be conveyed by words or conduct, or combination of both
Define “extort”?
to obtain by coercion or intimidation
Define “prevent”?
to keep from happening
Define ‘GBH”?
harm that is really serious
What is DPP v Smith?
“bodily harm” needs no explanation and “grievous” means no mroe and no less than “really serious”
What is R v Joyce?
Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
What is R v Galey?
- “being together” involves
- two or more persons having the common intention to use their combined force
- directly in the perpetration of the crime
What are the three broad classes of offensive weapon?
- items made solely for purpose of attaching or inflicting injury such as firearms, swords or knuckledusters
- items that have innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to create a jagged edge
- items intended to cause injury, including things capable of causing injury such as a baseball bat or knife
What is R v Bentham?
- what is possessed must be a thing, a persons “hands or fingers are not a thing”.
What is R v Maihi?
It is implicit in ‘accompany’ that there must be a connection between the act of stealing and a threat of violence.
- Both must be present however does not require them to be contemporaneous
What is R v Mitchell?
- There may be occasions where property is handed over to a thief as a result of threats previously made still operating on the mind of the victim at the time
