Robbery

Question 1

What is the section and penalty for Robbery?

Answer 1

Section 234 - 10 years

Question 2

What are the elements for Robbery?

Answer 2

• Theft accompanied by
• Violence or threats of Violence, to any person or
  property,
• Used to extort property stolen or to prevent resistance
  to overcome the property being stolen.

Question 3

What is theft?

Answer 3

Section 219 
- Dishonestly 
- Without claim of right 
- takes any property 
- with the intent to permanently deprive that owner of 
  that property

Question 4

Dishonestly?

Answer 4

Section 217 CA 1961
- In relation to an act or omission done or omitted without a belief that there was an expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 5

Claim of Right?

Answer 5

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 6

Takes?

Answer 6

• R v Lapier

Robbery is complete the instant the offender takes possession even if it is momentary.

Question 7

R v Skivington?

Answer 7

Larceny is an ingredient of robbery and if there is a honest claim of right then it is a defence to larceny which negatives the offence of robbery. The offence Robbery cannot be made out.

Question 8

Possession?

Answer 8

R v Court

Two elements involved in possession; the first is a physical and second is a mental. The physical involves actual or potential custody or control of the property
The mental is a combination of knowledge and intention of the property, knowledge is a sense of awareness of the possession and the intention to exercise possession of it.

Question 9

The proof of possession is?

Answer 9

a requirement to prove both physical and mental elements. Ie mens rea and actus rea.

Question 10

Control?

Answer 10

To control something means to exercise authority or dominating influence over it.

A person can have control over something that is not in their physical control and conversely have it in their physical custody but no control over it.

Question 11

Intent to deprive the owner?

Deprive owner permanently?

Answer 11

Defined in s219

The thief must desire or foresee as virtually certain that the owner will never regain the property, but not necessary that he keeps it for himself. An intent to destroy or give to someone else who will retain it will be suffice.

Question 12

Property?

Answer 12

Section 2 CA1961

Means any real or personal property, or any estate or any interest in any real or personal property, money, electricity, any debt, anything in action and any other right or interest.

Question 13

Ownership?

Answer 13

Section 218 CA1961

A person is regarded as the owner of the property, if at the time of the theft, that person has-
(a) possession or control of the property or
(b) any interest in the property or
(c) the right to take possession or control of the
property?

Question 14

Accompany by?

Answer 14

Crown must prove that there is a connection between the act of stealing the property and the violence or threats of violence.

Question 15

R v Maihi?

Answer 15

R v Maihi relates to the connection between the threats of violence or violence and stealing of the property.

It is implicit that there is a nexus between the act of stealing and a threat of violence. Both must be present. However the term does not require the act of stealing and the threat of violence be contemporaneous.

The threats may still be operating in the mind of the victim which is suffice for the term accompany.

Question 16

Violence?

Answer 16

Violence must be more than a minimal degree of force and more than a technical assault, but needs not involve the infliction of bodily injury.

Question 17

Peneha v Police

Answer 17

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 18

Threats of Violence?

Answer 18

The Court has said that threats of violence is the manifestation of an intention to inflict violence unless the property is handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination o both.

Question 19

In R v Broughton, what circumstances need to be considered that contributes to threat of violence?

Answer 19

• The relative ages of the parties
• Their physical physiques
• Their appearance
• Their demeanor
• What was said and done by those involved
• The manner and setting in which the incident took
  place.

Question 20

Used to extort the property stolen?

Answer 20

Prosecution must prove that the violence or threats was used for the purpose to extort the property stolen or overcome resistance to property being stolen.

Question 21

Extort?

Answer 21

Means to obtain by violence, coercion or intimidation or to extract forcibly.

Simply means to overbear the victim’s will. Have to be affected.

Question 22

Prevent or Overcome resistance?

Answer 22

Prevent means to keep from happening

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