Robbery Flashcards
Ingredients: Robbery
s.234 (1) 10yrs Theft Accompanied by violence OR threats of Violence To any person OR Property Used to extort the property being stolen Or to prevent or overcome any resistance to its being stolen
Ingredients Agg Robbery 235 (a)
235 (a) 14 yrs Robs any person And at the time of OR Immediately before OR immediately after the robbery Causes GBH
Ingredients Agg Robbery 235 (b)
235(b) 14 yrs Being together w. any other person or persons Robs Any person
Ingredients Agg Robbery 235 (c)
235(c) 14 yrs Being in possession of an offensive weapon OR Instrument OR anything such appearing to be a Weapon or Instrument Robs Any person
Ingredients Assault W intent to Rob 236(1)(a)(b)(c)
14 years
W. intent to rob any person Causes GBH To that Person or any other person
Being armed w. OFF W.IInstrument/anything appearing to be such a weapon or instrument, assaults another person w. intent to rob that person
Being together with another person or persons, assaults another person with intent to rob any person
Definition: theft
S.219 CA61 Dishonestly and without claim of right Taking any property with the intent to deprive any owner permanently of that property or any interest in that property.
R v skillington
Larceny (or theft) is an ingredient of robbery and if the honest belief in a claim of right is a defence to larceny then it negates one of the ingredients in the offence of robbery without proof of which the offence is not made out.
R v Lapier
Robbery is complete the instant the property is taken even if possession by the thief is only momentarily.
R v Cox
Possession involves two elements. The first often called the physical element is actual or potential physical custody or control. The second often described as the mental element is a combination of knowledge and intention: knowledge is the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v maihi
It is implicit is “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 the act of stealing and the threat of violence to be contemporaneous.
Peneha v police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcibly powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
R v Broughton
A threat of violence is a manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.
Property
S.2 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 and any other right and interest
Definition: Theft (Robbery s.234(1))
Theft S.219(1)CA61
Dishonestly and without claim of right takes any property with the intention of depriving any person permanently of that property or of any interest in that property.
R V SKILLINGTON Larceny (or theft) is an ingredient of robbery and if an honest belief in a claim of right is a defense to larceny then it negates an ingredient of robbery and without proof of which the full offense is not made out.
R V LAPIER Robbery is complete as soon as the property is taken even if possession by the thief is only momentarily.
Property s.2CA61 Property includes any real or personal property or any estate or interest in any real or personal property and includes any money, debt, electricity or other thing in action or other right or interest.
Possession may be actual or potential.
Actual Possession
Actual Possession arises when the thing in questions is in the actual custody of the person, it is on or about them or imediatly at hand.
R V COX
Possession involves two elements: the first often called the physical element is actual or potential physical custody or control. The second often described as the mental element is a combination of knowledge and intention. knowledge in a sense of awareness by the accused that the substance is in his possession and an intention to exercise possession.
Potential possesion
Potential possesion arises when the person has the potential to have the thing in their control, eg storing property at an associates address or through an agent.
Definition: Accompanied by Violence (Robbery s.234(1))
THe prosecution must prove that:
1) a connection between the violence and threats used and the theft of the property.
2) the defendant had an intent to steal at the time the violence was used.
3) the violence or threats were used for the purpose of extroting the propert or prevent or overcome resistance to its being stolen.
R v MAIHI
there must be a nexus between the threats or violence used and the stealing of the property, both must be present but the term does not require them to be contemporeanous.
VIOLENCE:
In the context of robbery violence must be more then the minimal amount of force or a technical assault but need not extend to the infliction of bodily injury.
PENEHA V POLICE
it is sufficient that the acts forcibly interfere with personal freedom or amount to a forcible violent action or motion producing a very marked or powerfull effect tending to cause bodily harm or discomfort.
