Robbery Definitions

Question 1

R V SKIVINGTON

Answer 1

Theft is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in robbery, without proof of which the full offence is not made out.

Question 2

Property

Answer 2

Any real or personal property and any estate or interest in any real or personal property, (money, electricity) and any debt, and anything in action, and any other right or interest.

Question 3

R V LAPIER

Answer 3

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

Question 4

The ingredients of theft

Answer 4

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to permanently deprive any owner of that property or any interest in that property

Question 5

The definition of assault

Answer 5

The act of intentionally applying or attempting to apply force to another person, 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 RGTB that he has the present ability to effect his purpose.

Question 6

Possession

Answer 6

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.

Question 7

Accompanied by

(Case law: Maihi)

Answer 7

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.

Question 8

Violence

(Police v Peneha)

Answer 8

Violence must involve more than the minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

POLICE V PENEHA

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.

Question 9

Threats of Violence

(R v Broughton)

Answer 9

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 word or conduct, or a combination of both.

Question 10

Extort

Answer 10

To obtain by coercion or intimidation.

Question 11

Prevent

Answer 11

To keep from happening

Question 12

Overcome resistance

Answer 12

To defeat, to prevail over, to get the better of in a conflict.

Question 13

At the time of

Answer 13

At the time of taking, with the required intent

Question 14

Immediately before OR immediately after

Answer 14

Refers to the connection in time between the robbery and the infliction of GBH.

Question 15

Grievous Bodily Harm

Answer 15

Harm that is really serious.

DPP V SMITH

grievous means no more and no less than “really serious”.

Question 16

Being together with

(R v Joyce)

Answer 16

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

Question 17

R V GALEY

(Application: together with)

Answer 17

Being together with:

Two or more persons having the common intention to use their combined force, either in any event or as circumstances may require, directly in the perpetration of the crime.

Application: together with

Question 18

R V JOYCE

Answer 18

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

Question 19

Being armed with

Answer 19

Carrying the item or has it available for immediate use as a weapon.

Question 20

Offensive Weapon

Answer 20

As per S202A of the CA 1961 - Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 21

Instrument

Answer 21

An item intended to be used as a weapon.

Question 22

Anything appearing to be such a weapon or instrument

Answer 22

1. The object appeared to be an offensive weapon or instrument to the victim.
2. The defendant intended or was a least reckless as to the possibility that it would be perceived as a weapon.

Question 23

The three broad classes of offensive weapons

Answer 23

1. Attacking or inflicting - firearms, swords, knuckledusters
2. Altered or adapted for causing - a bottle broken to create a jagged shard
3. Intended to cause - baseball bat or a knife

Question 24

Intent

Answer 24

Two types of intent -Int

Intent to commit the act AND an intention to get a specific result

Question 25

Assault

Answer 25

-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 those treats has or causes the other to reasonably believe that he has present ability to effect his purpose.

Question 26

R v Peat

Answer 26

The immediate return of goods by the robber does not purge the offence.

Question 27

To any person (in relation to GBH)

Answer 27

The person suffering the GBH need not be the person robbed.

Question 28

R v Bentham

Answer 28

What is possessed must under the definition be a thing.

Question 29

That person or any other person

Answer 29

The person assaulted need not be the person robbed.

Question 30

What is the difference between aggravated robbery and assault with intent to rob?

Answer 30

An assault with intent to rob is essentially an unsuccessful attempt at aggravated robbery, in that the theft element is not complete.

Question 31

R v Mitchell

Answer 31

There may be occasions where property is handed over to a thief as a result of threats previously made but still operating on the mind of the victim at the time