ROBBERY Flashcards
R V LAPIER
ROBBERY IS COMPLETE THE INSTANT THE PROPERTY IS TAKEN, EVEN IF POSSESSION BY THE THEIF IS ONLY MOMENTARILY.
R V COX
POSSESSION INVOLVES TWO ELEMENTS. THE FIRST BEING PHYSICAL WHICH IS HAVING ACTUAL OR POTENTIAL CUSTODY OR CONTROL.
THE SECOND IS MENATL A COMBINATION OF KNOWLEDGE AND INTENTION.
KNOWLEDGE IN HAVING POSSESSION AND AN INTENTION TO CONTINUE EXERCISING POSSESSION.
R V SKIVINGTON
IF A PERSON HAS AN HONEST BELIEF THAT THEY HAVE CLAIM OF RIGHT TO THE SAID ITEM THEN THE OFFENCE IF THEFT IS INCOMPLETE AND SO TO ROBBERY
R V MAIHI
IT IS IMPLICIT THAT THERE MUST BE A NEXUS BETWEEN THE ACT OF STEALING AND A THREAT OF VIOLENCE. BOTH MUST BE PRESENT
R V BROUGHTON
A THREAT OF VIOLENCE IS THE MANIFESTATION OF AN INTENTION TO INFLICT VIOLENCE UNLESS THE MONEY OR PROPERTY IS HANDED OVER. THE THREAT MAY BE DIRECT OR VEILED. IT MAY BE CONVEYED BY WORDS OR CONDUCT, OR A COMBINATION OF BOTH
R V GALEY
BEING TOGETHER INVOLVES TWO OR MORE PEOPLE HAVING THE COMMON INTENTION TO USE THEIR COMBINED FORCE DIRECTLY IN THE PERPRTRATION OF THE CRIME
R V JOYCE
THE CROWN MUST ESTABLISH THAT AT LEAST TWO PERSONS WERE PHYSICALLY PRESENT AT THE TIME THE ROBBERY WAS COMMITTED OR THE ASSAULT OCCURRED
Peneha v Police
THE ACTIONS OF THE DEFENDANT FORCIBLY INTERFERE WITH PERSONAL FREEDOM OR AMOUNT TO FORCIBLE POWER OR VIOLENT ACTION OR MOTION PRODUCING A VER MARKED OR POWERFULL EFFECT TENDING TO CAUSE BODILY INJURY OR DISCOMFORT