Robbery - Case Law Flashcards
Case law relating to
Claim of right?
R v Skivington
Theft is an ingredient of robbery. If a man has an honest belief in a claim of right to the property then that negates the element of theft and without proof of theft the full offence is not made out
Case law relating to
taking
R v Lapier
Robbery is complete the instant the property is taken, even if possession is only momentary
Case law relating to
possession
R v Cox
Possession involves two elements. The first being the physical element which is actual or potential physical custody or control and the second is the mental element which is the combination of knowledge in a sense of awareness that the substance is in their possession and an intention to exercise possession
Case law relating to
accompanied by
R v Maihi
It is implicit that in accompany that there must be a connection or link between the act of stealing and a threat of violence. Both must be present but it is not required that the act of stealing and threat of violence be contemporaneous
Case law relating to
violence
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfered with personal freedom or amounted to forcible, powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Case law relating to
GBH
DPP v SMITH
Bodily harm needs no explanation and grievous means no more and no less then really serious
Case law relating to
Physical proximity
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.
Case law relating to
Joint enterprise
R v Galey
Being together in the context of s235(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
