Robbery Liabilities Flashcards
Robbery
s234 Crimes Act 1961 Robbery is Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or to prevent or overcome resistance to it's being stolen
Dishonestly
an act or omission, done or omitted without belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent
Claim of right
a belief at the time of the act in a proprietary or possessory right to property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed
R v SKIVINGTON
Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of 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