Robbery case law / definitions Flashcards
R v SKIVINGTON
Larceny, or theft, is an ingredient in robbery, and if the honest belief that a mans has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without which the full offence is not made out.
R v LAPIER
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
R v MAIHI
It is implicit in “accompany” that there is a nexus, a connection or link, between the act of stealing and the threat of violence. Both must be present. However, the term does not require the act of stealing and the threat of violence be contemporaneous
PENEHA v Police
It is sufficient that “the actions of the defendant forcibly interfere with personal freedoms, or amount to forcible powerful or violent action or motion, producing a very marked effect, tending to cause bodily injury or discomfort
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.
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 the circumstances might require, directly in the perpetration of the crime.
R v COX (possession)
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.
R v COX (consent)
Consent must be “full, voluntary, free and informed….. freely and voluntarily given by a person in a position to form a rational judgement”
Theft - sec 219 CA61
Theft or stealing is the act of:
a) dishonestly, without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property
Property - sec 2 CA61
Property includes any real or personal property, or any estate or interest in any real or personal property or money or electricity or any debt, or anything in action or any other right or interest
Assault - sec 2 CA61
“assault” means:
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to belie on reasonable grounds, that he or she has, present ability to effect his or her purpose, and “to assault” has a corresponding meaning
Violence
In the context of robbery, violence must be more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury
Threat of violence
R v BROUGHTON
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 through words or conduct or a combination or both.
Extort
To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly” (Oxford dictionary)
Prevent and Overcome
Prevent:
To “prevent” means to keep from happening
Overcome
To “overcome” means “to defeat, to prevail over; to get the better of in a conflict”