Robbery - Offence break down

Question 1

What is something to consider when the offender has a claim of right negating robbery?

Answer 1

They may be criminally liable for other violence related offences relating to how they took the property

Question 2

What is required in proof of possession?

Answer 2

That both the physical and mental elements outlined in R v Cox are met

Question 3

What happens if a person intents to replace the item taken with similar property?

Answer 3

It does not negate the intent to deprive the owner permanently but may be negate dishonesty

Question 4

For accompanied by what must the prosecution prove?

Answer 4

that the defendant had an intent to steal and the violence used was for the purpose of extorting the property or preventing/overcoming resistance

Question 5

What is the time limit for threats and theft for robbery?

Answer 5

A matter to be decided in each case. There may be occasions where the property is handed over to a thief as a result of threats previously made still operating on the victims mind at the time

Question 6

What level of violence is required to constitute violence?

Answer 6

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