Robbery Short Answers

Question 1

Nature of belief - 4 points

Answer 1

1st - Belief must be a belief in proprietary or possessory right in property.
2nd - Belief must be about rights to the property in relation to which the offence is alleged to have been committed.
3rd - The belief must be held at the time of the conduct alleged to constitute the offence
4th - The belief must actually be held by the defendant

Question 2

What is a defence for robbery?

Answer 2

If the court is satisfied that the defendant acted with a claim of right, he is entitled to an acquittal on a charge of theft. Therefore, as theft is an essential element of robbery, claim of right is also a defence to robbery.

Question 3

What level of violence is required for a robbery?

Answer 3

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

Question 4

Explain ‘threats of violence’

Considerations

Answer 4

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 words or conduct, or a combination of both.

Consider

• ages of the parties
• respective physiques
• their appearance
• their demeanour

Question 5

Does that the person that is robbed need to be the person who suffers GBH for agg rob?

Answer 5

No, can be two different people

Question 6

Being together with

Answer 6

Must be proof that in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Each must share an intent to steal using their collective force should that be necessary and each must play some active role in the robbery

Question 7

Being armed with

Answer 7

Means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 8

Differences between agg rob and assault with intent to rob

Answer 8

Offences under 236 (1), mirror the agg rob charges, and provide a charge for unsuccessful attempts at agg rob.

The offence under 236 (2) provides alternative charge to attempting to commit robbery, where no aggravating features are present