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”
Robs sec 234 CA61
1) Robbery is theft, accompanied by violence or threats of violence used to extort the property stolen, or to prevent or overcome resistance to its being stolen.
2) Everyone who commits robbery is liable to 10years
Causes GBH
DPP v SMITH
Bodily harm needs no explanation, and “grievous” means no more and no less that “really serious”
Person
Gender neutral, proven by judicial notice or circumstantially
At the time of
Refers to the connection in time between the robbery and the infliction of GBH. Whether or not that connection amounts to “immediate” is a matter of fact and degree to be considered in each case
Being together with
There must be proof that in committing the robbery the defendant was part of a joint enterprise by two or more person who were physically present at the robbery. Each must share an intent to steal using their collective force that should be necessary and each must play some active role in the robbery
Being armed with
“Being armed with” means the defendant is carrying the item or has it available for immediate use as a weapon
Offensive weapons
sec 2 CA61
Any article made or altered for use for causing bodily injury, intended by the person having it with him for such use
Instrument
will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist
Anything appearing etc
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon. However, a “thing” does not include part of a persons body.
