Robbery Flashcards
Act and section
S234(1) CA1961
Penalty
10 years
Ingredients
Theft
Accompanied by violence or threats of violence
To persons or property
Used to extort the property stolen or
Prevent or overcome any resistance to it being stolen
Theft
S219(1) CA 1961
Dishonestly and without claim of right takes any property with intent to deprive the owner permanently of that property or any interest in that property.
R v Skivington
If there is an honest belief in the claim of right then theft is not complete so a charge of robbery will not be proven
R v Lapier
Robbery is complete as soon as the property is taken
Violence
Must prove 3 things
- a connection between the theft and violence
- defendant had intent to steal at time of violence
- violence was used to extort the property or prevent resistance
More than a minimal degree of force and need not involve bodily injury
Property
S2 CA 1961
Includes real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action any any other right or interest.