Robbery Case Law Flashcards
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Application: Robbery complete
R v Peat
The immediate return of goods by the robber does not purge the offence.
Application: robbery complete.
R v 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 an intention to exercise possession.
Application: possession
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 .… “
Application: robbery nexus
R v Skivington
Defence to theft (claim of right) is a defence to robbery.
Application: claim of right – defence to robbery.
Peneha v Police
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.
Application: violence – robbery
R v 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 of both“.
Application: threat of violence – robbery
R v Joyce
“The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred“.
Application: together with – robbery
R v Galey
Two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.
Application: together with – robbery
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Application: Robbery complete
R v Lapier
The immediate return of goods by the robber does not purge the offence.
Application: robbery complete.
R v Peat
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 an intention to exercise possession.
Application: possession
R v Cox
“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 .… “
Application: robbery nexus
R v Maihi
Defence to theft (claim of right) is a defence to robbery.
Application: claim of right – defence to robbery.
R v Skivington
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.
Application: violence – robbery
Peneha v Police
