Robbery Flashcards
Act and section for robbery
S234 CA61
Robbery is
Theft
Accompanied by violence or the threats of violence
To any person
Used to extort the property stolen or overcome resistance to it’s being stolen
Definition of theft
Dishonestly with out claim of right takes any property with intent to deprive any owner permanently of that property or of amy interest In that property
Dishonestly
In relation to an act or ommision, means done or omitted without belief that there was Express or implied consent to, or authority for the act or omission fro a person entitled to give such consent or authority
Claim of right
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
R v skivington
Larceny or theft is an element of robbery and if honest belief that a man has claim of right is a defense to larceny. Then this negates one of the elements to Roberry and therefore if theft can not be proved then robbery didnt happen
R v lapier
Robbery is complete the instant the property is taken even if possession by the thief is only momentary.
Other words robbery is robbery as soon as theft is done regardless of what happens next
R v cox
Possession involves two elements. The first is often call the physical element. Must have physical possession of property.
The second element must be that the mental element this is a combination of knowledge and possession of the property
Intent
Deliberate act means an act that must be done deliberately ie means the act intentionally applying force
Intent to produce a result
The second type of intent is an intent to produce a specific result.
R v maihi
It is implicit in accompany that the must be a nexus a connection between the act of stealing and a threat of violence.
Both must be present st the time
R V BROUGHTON
The fear and threat of violence must be presence, this is not in the offenders demeanour, may be conveyed in words or conduct
DDP V SMITH
GBH means really serious bodily harm.
R V Joyce
2 persons must be present at the time of the offence,
Relates to S235(b) CA 1961
think Stephen Joyce with the Dildo he was present when he received the phallus.
R V GAYLEY
To or more persons together having common intention to use there combined force to commit a crime.
Act and section for ag rob
S235 CA61
Intent meaning two parts
Intent to commit an act and
Intent to get a specific result