Robbery - Case Law

Question 1

R v Skivington

(Theft ingredient of Robbery)

Answer 1

Larceny (or theft) is an ingredient of robbery, if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.

Question 2

R v Lanier

(Theft ingredient of Robbery)

Answer 2

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.

Question 3

R v Cox

(Possession)

Answer 3

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 is an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 4

R v Maihi

(Connection between Violence and Theft)

Answer 4

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.

Question 5

Peneha v Police

(Violence)

Answer 5

it is sufficing that te 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 6

R v Broughton

(Threat of Violence)

Answer 6

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, conduct or a combination of both.

Question 7

R v Galey

(Together with)

Answer 7

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, directly in the perpetration of the crime.

Question 8

R v Joyce

(Together with)

Answer 8

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