Robbery Flashcards
Section 234(1)
Robbery
- 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 dishonestly
No express or implied consent to, or authority for the act or omission from a person entitled to give such consent or authority
Define claim of right
A belief at time of offence in a possessory or proprietary right to property
What is case law Skivington
Theft is an element of robbery and if the honest belief that someone has a claim of right is a defence to theft then it negatives one of the elements in robbery
What is case law Lapier
Robbery is complete the instant the property is taken even if possession by the thief is momentary
What is case law Cox
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 intention to exercise possession
What is control
To control something means to exercise authoritative or dominating influence over it
What are 2 types of intent
Deliberate act - act or omission more than involuntary or accidental
Intent to produce a result - aim or purpose
3 circumstantial evidence that offenders intent may be inferred
- Surrounding circumstances
- Offenders actions and words before, during and after event
- The nature of the act itself
What is case law Maihi
In accompany there must be a link or nexus between the act of stealing and a threat of violence. Both must be present however not required that they be contemporaneous
What is case law Peneha
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
What is case law Broughton
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
Take into consideration
- ages of parties
- physiques
- appearance
- demeanor
What is the differnce between extort, prevent and overcome
Extort is to obtain by coercion or intimidation
Prevent is to keep from happening
Overcome is to defeat or get better of in a conflict
Section 235(a)
Aggravated robbery causes GBH
- robs
- any person
- at time of or immediately before or immediately after the robbery
- causes GBH to any person
Section 235(b)
Aggravated robbery being together with any other person
- being together with any other person or person’s
- rob’s
- any person
Section 235(c)
Aggravated robbery being armed with any offensive weapon
- being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
- rob’s
- any person
What is case law Smith
Bodily harm needs no explanation and grevious means no more and no less than really serious
What is case law Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
What is case law Galey
Being together in the context of section 235(b) involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require
What is being armed with
Means defendant is carrying the item or has it available for immediate use as a weapon
What is an offensive weapon
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
Section 236(1)
Assault with intent to rob
- with intent to rob
- any person
(a) causes GBH to that person or any other person
(b) being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument assaults that person or any other person
(c) being together with any other person or persons assaults that person or any other person
Section 236(2)
Assault with intent to rob
- assaults
- any person
- with intent to rob
- that person or any other person
