Robbery Flashcards
Section and penalty
S234(1) CA61
10 Years Imprisonment
Ingredients
-Theft
-Accompanied by violence OR
threats of violence
-To any person or property
-Used to extort the property stolen OR prevent or overcome resistance to it being stolen
Define theft
Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or of any interest in that property.
R v Skivington
R v SKIVINGTON
Larceny (or theft) is an ingredient of Robbery,and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.
Define property
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest. R v Lapier
R v LAPIER
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Define actual possession
Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.
R v COX
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, 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.
Define potential possession
Potential possession arises when the person has the potential to have the thing in question in their control.
R v MAIHI
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.
PENEHA v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom of the person, or amount to forcible, powerful or violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Define threats of violence
A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.
To any person
Gender neutral, proven by judicial notice or circumstantial evidence.
Of note
Violence or threats can be directed at any person, not just the victim and any property of interest.
Define ‘Used to extort the property stolen’
Extort means to obtain by coercion or intimidation.
Of note
Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.
Define ‘Used to prevent to overcome resistance to it being stolen’
To prevent; To keep from happening
Or Overcome;To defeat, to prevail over, to get the better of in a conflict.
