ROBBERY

Question 1

What are the three types of Robbery

Answer 1

Robbery (section 234)

Aggravated robbery (section 235)

Assault with intent to rob (section 236)

Question 2

“Larceny [ortheft] is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out.”

Case law

Answer 2

R v Skivington[1967] 1 All ER 483

Question 3

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

Answer 3

R v Lapier(1784) 1 Leach 320

Question 4

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 the sense of an awareness by the accused that the substance is in his possession … and an intention to exercise possession.

Answer 4

R v Cox

Question 5

“It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a 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 …”

Answer 5

R v Maihi[1993] 2 NZLR 139

Question 6

A threat of violence is “the 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.”

Answer 6

R v Broughton[1986] 1 NZLR 641