Robbery Definitions Flashcards
R V SKIVINGTON
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.
Property
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.
R V LAPIER
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
The ingredients of theft
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to permanently deprive any owner of that property or any interest in that property
The definition of assault
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.
Possession
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.
Accompanied by
(Case law: Maihi)
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.
Violence
(Police v Peneha)
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.
Threats of Violence
(R v Broughton)
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.
Extort
To obtain by coercion or intimidation.
Prevent
To keep from happening
Overcome resistance
To defeat, to prevail over, to get the better of in a conflict.
At the time of
At the time of taking, with the required intent
Immediately before OR immediately after
Refers to the connection in time between the robbery and the infliction of GBH.
Grievous Bodily Harm
Harm that is really serious.
DPP V SMITH
grievous means no more and no less than “really serious”.
Being together with
(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
(Application: together with)
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
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.
Being armed with
Carrying the item or has it available for immediate use as a weapon.
Offensive Weapon
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.
Instrument
An item intended to be used as a weapon.
Anything appearing to be such a weapon or instrument
- The object appeared to be an offensive weapon or instrument to the victim.
- The defendant intended or was a least reckless as to the possibility that it would be perceived as a weapon.
The three broad classes of offensive weapons
- Attacking or inflicting - firearms, swords, knuckledusters
- Altered or adapted for causing - a bottle broken to create a jagged shard
- Intended to cause - baseball bat or a knife
Intent
Two types of intent -Int
Intent to commit the act AND an intention to get a specific result
Assault
-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.
R v Peat
The immediate return of goods by the robber does not purge the offence.
To any person (in relation to GBH)
The person suffering the GBH need not be the person robbed.
R v Bentham
What is possessed must under the definition be a thing.
That person or any other person
The person assaulted need not be the person robbed.
What is the difference between aggravated robbery and assault with intent to rob?
An assault with intent to rob is essentially an unsuccessful attempt at aggravated robbery, in that the theft element is not complete.
R v Mitchell
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
