Robbery - Case Law

Question 1

R v SKIVINGTON

Answer 1

Relates to claim of right defence.

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

Question 2

R v LAPIER

Answer 2

Robbery is complete the instant the property is taken even if possession is only momentary.

Question 3

R v COX

Answer 3

Possession involves two elements, the physical and the mental. Physical is actual custody or control of. Mental is knowledge that something is in their possession and an intention to exercise possession.

Question 4

R v MAIHI

Answer 4

Relates to any robbery.

There must a connection between the act of stealing and the threat of violence. However it does not need it be contemporaneous.

Question 5

PENEHA v Police

Answer 5

Relates to actual violence used.

The actions of the offender interfered with personal freedom or amount to violent action or motion tending to cause bodily injury.

Question 6

R v BROUGHTON

Answer 6

Relates to threats of violence.

A threat of violence is the intention to inflict violence unless the money or property is handed over. The threat may be conveyed by words or conduct or both.

Question 7

R v JOYCE

Answer 7

Relates to two or more persons.

The Crown must establish that at least two persons were physically present at the time the robbery was committed.

Question 8

R v GALEY

Answer 8

Relates to ‘being together’

Two or more persons having the common intention to use their combined force in the perpetration of the crime.