Robbery

Question 1

Section 234(1)

Answer 1

Robbery

1. Theft
2. Accompanied by violence or threats of violence
3. To any person or property
4. Used to extort the property stolen or prevent or overcome resistance to it being stolen

Question 2

Define dishonestly

Answer 2

No express or implied consent to, or authority for the act or omission from a person entitled to give such consent or authority

Question 3

Define claim of right

Answer 3

A belief at time of offence in a possessory or proprietary right to property

Question 4

What is case law Skivington

Answer 4

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

Question 5

What is case law Lapier

Answer 5

Robbery is complete the instant the property is taken even if possession by the thief is momentary

Question 6

What is case law Cox

Answer 6

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

Question 7

What is control

Answer 7

To control something means to exercise authoritative or dominating influence over it

Question 8

What are 2 types of intent

Answer 8

Deliberate act - act or omission more than involuntary or accidental

Intent to produce a result - aim or purpose

Question 9

3 circumstantial evidence that offenders intent may be inferred

Answer 9

1. Surrounding circumstances
2. Offenders actions and words before, during and after event
3. The nature of the act itself

Question 10

What is case law Maihi

Answer 10

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

Question 11

What is case law Peneha

Answer 11

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 12

What is case law Broughton

Answer 12

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

Question 13

What is the differnce between extort, prevent and overcome

Answer 13

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

Question 14

Section 235(a)

Answer 14

Aggravated robbery causes GBH

• robs
• any person
• at time of or immediately before or immediately after the robbery
• causes GBH to any person

Question 15

Section 235(b)

Answer 15

Aggravated robbery being together with any other person

• being together with any other person or person’s
• rob’s
• any person

Question 16

Section 235(c)

Answer 16

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

Question 17

What is case law Smith

Answer 17

Bodily harm needs no explanation and grevious means no more and no less than really serious

Question 18

What is case law Joyce

Answer 18

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

Question 19

What is case law Galey

Answer 19

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

Question 20

What is being armed with

Answer 20

Means defendant is carrying the item or has it available for immediate use as a weapon

Question 21

What is an offensive weapon

Answer 21

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

Question 22

Section 236(1)

Answer 22

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

Question 23

Section 236(2)

Answer 23

Assault with intent to rob

• assaults
• any person
• with intent to rob
• that person or any other person