Robbery Case Law

Question 1

Accompanied by violence
Peneha v Police

Answer 1

Sufficient that the defendant acts forcibly interfere with the personal freedom OR a forcible powerful OR violent action or motion.

Question 2

Accompanied by threats of violence
R v Broughton

Answer 2

Threat may be direct or veiled, conveyed by conduct or words or both. Absence of fear by the victim does not negate the offence.

Question 3

Accompanied by threats of violence
R v Mitchell

Answer 3

Previously made threats on the victims mind assessed by fact and degree in each case.

Question 4

Theft
R v Skivington

Answer 4

Claim of right is a defense to robbery.

Question 5

Theft
R v Lapier

Answer 5

Robbery is complete at the time property is taken, even if momentarily.

Question 6

Theft
R v Peat

Answer 6

Return of the stolen property does not negate the offence.

Question 7

R v Maihi

Answer 7

There must be a connection between the act of stealing and threat of violence. Both must be present; however, the term does not require that the act of stealing and threat be made contemporaneously.

Question 8

R v Bentham

Answer 8

A person’s hands or fingers are not a “thing”.