Robbery

Question 1

Define theft

Answer 1

S219(1) Ca 1961
dishonestly and without claim of right taking any property with intent to deprive the owner permanently of that property or any interest in that property.

Question 2

Caselaw related to theft

Answer 2

R v Skivington
Theft is an ingredient of robbery. If a person has a honest belief that they have a claim of right to the property there can be no theft and with no theft there can be no robbery.

Question 3

Property

Answer 3

S2 CA 1961
Includes any real or personal property or any estate and any interest in any real or personal property, mony, electricty any any debt, any any thing in action, any any other right or interest

Question 4

Caselaw related to robbery

Answer 4

R v Lapier

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

Question 5

Possession

Answer 5

May be actual or potential

Question 6

Actual possession

Answer 6

Actual possession arises where the thing in question is in the persons physical custody or control, it is on or about their person or immediately at hand.

Question 7

Case law related to possession

Answer 7

R v Cox
Possession has two elements, the first being the physical element which is actual or potential custody or control and the second element being the mental element which is the knowledge that the substance is in their possession and an intention to exercise possession of it.

Question 8

Potential possession

Answer 8

potential possession arises when the person has the potential to have the thing in question in their control

Question 9

Accompanied by

Answer 9

prosecution must prove

• connection between violence/threats and stealing of property
• defendant had intent to steal at time of violence/threats
• violence were used for purpose of extorting the property or preventing or overcoming resistance to it being stolen

Question 10

Case law related to accompanied by

Answer 10

R v Maihi
it is implicit that in accompanied that there is a connection or link between the act of stealing and use of violence. Although both must be present the term does not require that they be contemporaneous

Question 11

Violence

Answer 11

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

Question 12

case law related to violence

Answer 12

Peneha v police
It is sufficient that the actions of the defendant forcibly interfered with personal freedom causing a forcible, powerful or violent action or motion causing bodily injury or discomfort to the victim.

Question 13

Threat

Answer 13

A threat is generally a direct or veiled warning that violence will be used if the victim doesn’t submit to the robbers demands.
threats may be conveyed by words, conduct or appearance depending on the circumstances

Question 14

case law related to threats

Answer 14

R v Broughton
A threat is the manifestation of an intention to commit violence unless the money or property is handed over. The threats can be direct or veiled, conveyed by words or conduct or a combination of the two.

Question 15

Person

Answer 15

Gender neutral proven by judicial notice or circumstantial evidence

Question 16

extort

Answer 16

obtain by coercion or intimidation

extortion implies an overbearing of the victims will and the prosecution must show the threats caused the victim to part with the proeprty

Question 17

Prevent

Answer 17

to keep from happening

Question 18

overcome resistance

Answer 18

to defeat, to prevail, to get the better of in a conflict

Question 19

at the time of

Answer 19

during the commission of the theft, at the time of taking with the required intent

Question 20

Immediately before/after

Answer 20

refers to the connection in time between the robbery and infliction of GBH

Question 21

GBH

Answer 21

harm that is really serious

Question 22

Case law related to GBH

Answer 22

DPP v Smith

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 23

being together with

Answer 23

there must be proof that in committing the robbery the defendant was part of a join enterprise of two or more people who were physically present at the robbery

Question 24

Case law related to being together with

Answer 24

R v Galey

R v Joyce

Question 25

R v Galey

Answer 25

being together in the context of s235(b) involves two or more people having the common intention to use their combined force either in any event or as circumstances might require directly in the commission of an offence

Question 26

R v Joyce

Answer 26

The crown must prove that two or more people were physically present at the time the robbery was committed or assault occurred.

Question 27

Being armed with

Answer 27

means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 28

offensive weapon

Answer 28

S202A(1) CA 1961

any article made or altered for use for causing bodily injury, or intended by the person having it for such use

Question 29

instrument

Answer 29

is not defined by statute but includes any item intended to be used as a weapon or to intimidate and overbear the victims ill to resist.

Question 30

anything appearing to be such a weapon or instrument

Answer 30

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