Robbery Flashcards
R v Skivington
Theft I s an ingredient of robbery, if a person has a belief of claim of right to property then that is a defence to theft, this negatives one of the ingredients in robbery, without theft the full offence is not complete.
R v Lapier
Robbery is complete the instant property is taken, even if possession is momentary.
Warner v Metropolitan Police Commissioner
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- complete and physical control over it
- knowledge of its existence, its situation and its qualities.
R V Mohan
Intent involves a decision to bring about in so far as it lies within the accused’s power; the commission of the offence.
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
R v Maihi
there must be a connection or link between the act of stealing…and a threat of violence. Both must be present however maybe contemporaneous
Peneha v Police
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”.
R v Broughton
the manifestation of an intention to inflict violence unless the money or property be handed over. the threat maybe direct of veiled or by words or conduct, or a combination of both”
R v Joyce
two or more person physically present in the commission of an offence
R v Galey
two or more persons having the common intention to use there combined force, in the commission of the offence.
R v Heard
A demand does not have to be couched in abusive terms, so long as it is clear that it is a request for something”
DPP v Smith
Bodily harm needs no explanation and “grieves” means no more and no less then “really serious”.
What are the 12 case laws
R v Skivington R v Lapier Warner v Metropolitan Police Commissioner R V Mohan R v Waaka R v Maihi Peneha v Police R v Broughton R v Joyce R v Galey R v Heard DPP v Smith
4 things for nature of belief
first, belief in proprietary or possessory right in property
second the belief must be about right to property
third belief held at the time of the conduct
Forth belief must be actually held by the defendant
What must be proved by accompanied by Robbery
- Connection between the violence or threat and the stealing of the property
- The intent to steal it at the time of the the violence and
- For the purpose of extorting the property or to prevent or overcome resistance to it being stolen
