Robbery

Question 1

Section 220 CA 1961 - Theft by person in a special relationship

Answer 1

(1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—
(a) to account to any other person for the property, or for any proceeds arising from the property; or
(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
(2) Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
(3) This section applies whether or not the person was required to deliver over the identical property received or in the person’s possession or control.
(4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements

Question 2

Robbery - Section 234 CA 61

Answer 2

(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
(2) Everyone who commits robbery is liable to imprisonment for a term not exceeding 10 years

Question 3

Aggravated Robbery - Section 235 (a) - Causes GBH

Answer 3

Everyone is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person

Question 4

Aggravated Robbery - Section 235 (b) - being together with

Answer 4

Everyone is liable to imprisonment for a term not exceeding 14 years who—
(b) being together with any other person or persons, robs any person

Question 5

Aggravated Robbery - Section 235 (c) - armed with offensive weapon

Answer 5

Everyone is liable to imprisonment for a term not exceeding 14 years who-
(c) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person.

Question 6

Assault with intent to rob - Section 236 (1) (a) - GBH

Answer 6

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,— (a) causes grievous bodily harm to that person or any other person

Question 7

Assault with intent to rob - Section 236 (1)(b) - armed with offensive weapon

Answer 7

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person
(b) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person

Question 8

Assault with intent to rob - Section 236 (1)(c) - together with

Answer 8

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,
(c) being together with any other person or persons, assaults that person or any other person

Question 9

Blackmail - Section 237 CA 61

Answer 9

(1) Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b) to obtain any benefit or to cause loss to any other person.

(2)Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose

Question 10

Punishment of blackmail Section 238 CA 61

Answer 10

Everyone who commits blackmail is liable to imprisonment for a term not exceeding 14 years

Question 11

Demands with intent to steal - Section 239 CA 61

Answer 11

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2) Everyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

Question 12

What was held in R v SKIVINGTON

Answer 12

Theft is an ingredient in 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 ingredients in the offence of robbery. Without proof of which the full offence is not made out.

Question 13

What was held in R v LAPIER

Answer 13

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 14

What was held in R v MAIHI

Answer 14

It is implicit in accompany that there must be a nexus between the act of stealing and the threat of violence, both must be present, however the term does not require that the act of stealing and the threat of violence be contemporaneous.

Question 15

What was held in PENEHA v Police

Answer 15

It is sufficient that 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

Question 16

What was held in R v BROUGHTON

Answer 16

A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over. Threats may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

Question 17

What was held in R v JOYCE

Answer 17

The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred

Question 18

What was held in R v GALEY

Answer 18

Being together involves two or more persons having a common intention to use combined force in the perpetration of the crime in any event of as circumstances may require, directly in the perpetration of the crime

Question 19

Define theft - Section 219 CA 61

Answer 19

Dishonestly without claim of right, takes, any property, with intent to deprive any owner permanently of that property, or any interest in that property.

Question 20

Define Assault - Section 2 CA 61

Answer 20

The act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose.

Question 21

Define violence

Answer 21

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Question 22

Define threats of violence

Answer 22

A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands. Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance depending on the circumstances.

Question 23

Define extort

Answer 23

To extort means to obtain by coercion or intimidation. Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his or her property

Question 24

Define prevent

Answer 24

To keep from happening

Question 25

Define overcome

Answer 25

To defeat, to prevail over, to get the better of in a conflict.

Question 26

Define at the time of

Answer 26

During the commission of the theft at the time of the taking with the required intent.

Question 27

Define being together with

Answer 27

There must be proof that, in committing the robbery the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 28

Define being armed with

Answer 28

Means the defendant is carrying the item or has it available for immediate use as a weapon.

Question 29

Define offensive weapon - Section 202A CA 61

Answer 29

Any article made or altered for use for causing bodily injury, or intended by the person carrying it for such use.

Question 30

Define instrument

Answer 30

Not defined by statute, will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 31

Define anything appearing to be

Answer 31

It must be proved that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

Question 32

Define property - Section 2 CA 61

Answer 32

property includes real and personal Property , and any estate or interest in any real or personal property , money, electricity, and any debt, and any thing in action, and any other right or interest

Question 33

Define causes GBH

Answer 33

A person causes GBH if his actions make him or her criminally responsible for it.