Violence Case Law (Robbery)

Question 1

R v Skivington (Must Know)

Answer 1

“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.”

Question 2

R v Lapier (Must Know)

Answer 2

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 3

R v Cox (Possession)

Answer 3

Possession involves two elements. The first, the physical element, is actual or potential physical 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.

Question 4

R v Maihi (Must Know)

Answer 4

“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 be contemporaneous …”

Question 5

Peneha v Police

Answer 5

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”.

Question 6

R v Joyce

Answer 6

“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Question 7

R v Galey (Must Know)

Answer 7

“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”