Robbery

Question 1

Short form liability

Aggravated robbery - weapon

Answer 1

Proof that armed with an offensive weapon
Proof of robbery - theft accompanied of violence
Proof of person

Question 2

Define robs (theft part)

Answer 2

(Person) dishonestly and without claim of right takes (property). (Person) has no possessory or proprietary right to (property) as they do not own it. (Person) intends to deprive the owner permanently of the (property). This is shown by their actions. Theft is complete the moment they took the (property) with the required intent to deprive the owner permanently.

Question 3

Define robs (violence part)

Answer 3

(Person) threatens/uses violence to (person) to obtain the (property). The threats/violence is used to extort/overcome resistance to obtain the (property).

There must be a close nexus to the theft and threats/violence. In this scenario the threats/violence are closely connected.

Question 4

Define dishonestly

Answer 4

An act or omission done without authority or a belief there was express or implied consent to

Question 5

Claim of right as a defence to robbery

R v Skivington

Answer 5

Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out

Question 6

Define taking

R v Lapier

Answer 6

Theft is complete the moment the item is moved with intent to steal it

R v Lapier
Robbery is complete the instant the property is taken even if possession by the thief is only momentary

Question 7

Define possession

R v Cox

Answer 7

Possession has two elements. Physical element is actual or potential physical custody or control. Mental element is knowledge that the substance is in his possession and has an intention to exercise possession

Question 8

Define property

Answer 8

Real, tangible and personal

Question 9

Define accompanied by

R v Maihi

Answer 9

It is implicit in accompany that there must be a nexus between the act of stealing and a threat of violence. Both must be present. Does not require that the act of stealing and the threat of violence be contemporaneous

Question 10

Define violence

R v Peneha

Answer 10

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

R v Penaha
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 11

Define threats

R v Broughton

Answer 11

A threat of violence is the manifestation of an intention to inflict violence unless the money or property is handed over. A threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

Question 12

Circumstances that amount to threats

Answer 12

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

Question 13

Define extort

Answer 13

To obtain by coercion or intimidation

Question 14

Define prevent

Answer 14

To keep from happening

Question 15

Define overcome resistance

Answer 15

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

Question 16

Define 235(a) causes GBH to any person

R v Wells

Answer 16

The person suffering GBH need not be the person robbed. Infliction of harm to a person seeking to prevent the escape of the offender would come under this section

Question 17

Define being together with any other person or persons

R v Joyce

Answer 17

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred

Question 18

Define joint enterprise as part of being together with any other person or persons

R v Galey

Answer 18

Being together in the context of 235(b) involves two or more persons having a common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime

Question 19

Define offensive weapon

Answer 19

Anything made (firearm), altered (broken bottle) or intended (baseball bat) to cause injury.

An instrument includes any item intended to be used as a weapon or to intimidate and overbear the victims will to resist

Question 20

Define assault

Answer 20

The act of intentionally applying or attempting to apply force to the person of another directly or indirectly