Robbery Definitions

Question 1

R V SKIVINGTON

Answer 1

Theft is an ingredient of robbery. If the honest belief that a person has a claim of right is a defense to theft, then it negatives one of the ingredients in the offence of robbery, without it the offence of robbery is not made out.

Question 2

Property

CA.61 S.2

Answer 2

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

Possession

Answer 4

Possession may be actual or potential.
-Actual possession - in the persons physical custody or control.
-Potential possession - potential to have the property in their control eg. stored at associated house
R V COX
Two elements of possession
1. Physical element, actual or potential physical custody or control.
2. Mental element, combination of knowledge (sense of awareness of possession) and intention (to exercise possession).

Question 5

Accompanied by:

Answer 5

Connection must be proven between:
1. Violence or threats and the stealing of the property
2. Intent to steal at the time of the violence or threats
3. Violence or threats were used for the purpose of extorting property or preventing/overcoming resistance
R V MAIHI
It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing an a threat of violence. Both must be present. However the term does not require that the act of stealing ant the threat of violence be contemporaneous.

Question 6

Violence

Answer 6

In the context of robbery, 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 violet action or motion
producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 7

Threats of Violence

Answer 7

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.
(defendants conduct, demeanour or even appearance, depending on the circumstances.)

Question 8

Extort

Answer 8

To obtain by coercion or intimidation.
Extortion implies an overbearing of the will of the victim, and the threats induced the victim to part with his property.

Question 9

Prevent

Answer 9

To keep from happening

Question 10

Overcome resistance

Answer 10

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

Question 11

At the time of

Answer 11

During the commission of the theft, at the time of taking with the required intent

Question 12

Immediately before OR immediately after

Answer 12

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

Question 13

Grievous Bodily Harm

Answer 13

Harm that is really serious.

DPP V SMITH states grievous means no more and no less than “really serious”.

Question 14

Being together with

Answer 14

In Committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 15

R V GALEY

Answer 15

being together with:
Two or more person 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.

Two or more. Common intention. Combined force. As required.

Question 16

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

Being armed with

Answer 17

The defendant is carrying the item or has it available for immediate use as a weapon.

Question 18

Offensive Weapon

CA.61 S202A(1)

Answer 18

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 19

Instrument

Answer 19

Not defined by statute, but will include any item intended to be used as a weapon or to intimidated and overbear the victim’s will to resist.

Question 20

Anything appearing to be such a weapon or instrument

Answer 20

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 possibly that it would be perceived as a weapon.

Question 21

Intent

Answer 21

Two types of intent

• Intention to commit the act
• Intention to get a specific result

Question 22

Assault

CA.61 S.2

Answer 22

• Act of intentionally applying or attempting to apply force to the person of another directly or indirectly.
• 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 believe on RG that he has present ability to effect his purpose.