Robbery S234(1) CA61 (10 Years) Flashcards
What are the elements to Robbery S234(1) CA61
- Theft
- Accompanied by violence or threats of violence
- To any person or property
- Used to extort the property stolen OR Prevent OR Overcome resistance to its being stolen.
Define Theft S219(1)(a) CA61
Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently or that property or of any interest in that property.
Define Dishonestly S217 CA61
Dishonestly in relation to act or omission, means done, or omitted without a belief that there was express or implied consent to, or authority for, the act or omission form person entitled to give such consent or authority.
Define Claim of right S2 CA61
Claim of right in relation to any act, means a belief at the time of the act in a proprietary or possessory right in 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 in law other than the enactment against which the offence is alleged to have been committed.
R v Skivington
Larceny (or 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
Define Taking
The term taking is covered by S219 CA61 and is further defined in case law R v Lapier.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
Define Possession
Possession can be defined in case law R v Cox
R v Cox
Possession involves two elements. The first, the physical element, is actual or potential custody or control. The second, 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.
Define “Intent to deprive owner Permanently” S219(2) CA61
An intent to deprive owner permanently of property includes an intent to deal with property in such a manner that
(a) The property cannot be returned to any owner in the same condition or
(b) Any owner is likely to be permanently deprived of the property or of any interest in the property.
Note: It is not necessary that he intends to keep it himself, an intent to destroy it or give it to someone else is suffice.
Define Accompanied by
The prosecution must prove a connection between the violence or threats of violence and the stealing of the property. It must be shown that the defendant not only had the intent to steal the property at the time the violence or threats of violence was used, but that the purpose of this violence were used for the purposes of extorting the property or preventing or overcoming resistance. The violence or threats usually occur at, or immediately before the time of theft.
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 contemporaneous
Define Violence
In the context of robbery, violence must involve more that a minimal degree of force and more than a technical assault, but nee not involve the infliction of bodily harm
Peneha v Police
It is sufficient that 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
Define Threats of Violence
Threat of violence is the manifestation of an intention to inflict violence. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.
