Violence - Robbery CIB010

Question 1

Section 234(1) CA 1961

Answer 1

Robbery

Theft

Accompanied by violence OR threats of violence

To any person or property

Used to extort the property stolen OR to prevent or overcome any resistance to it being stolen

10 Years

Question 2

Theft

Answer 2

Theft is defined by section 219 of the CA 1961

• Dishonestly
• WCOR
• Takes
• Any property
• With intent to deprive any owner permanently of that property or of any interest in that property

Theft is a dishonest taking or a dishonest handling or dealing with goods acquired in any manner, where there is an absence of claim of right and an intention that the owner of the property stolen be permanently deprived of the relevant ownership interest.

Question 3

Section 235(1)(a) CA 1961

Answer 3

Aggravated Robbery Cause GBH

Robs any person

At the time of OR immediately before OR immediately after the robbery

Causes GBH

To any person

14 Years

Question 4

Section 235(1)(b) CA 1961

Answer 4

Aggravated Robbery - Together With

Being together with any other person

Robs

any person

14 years

Question 5

Section 235(1)(c) CA 1961

Answer 5

Aggravated Robbery - Weapon

Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument

Robs

Any person

14 Years

Question 6

Section 236(1)(a) CA 1961

Answer 6

Assault with intent to rob - Cause GBH

With intent to rob any person

Causes GBH to that person or any other person.

14 years

Question 7

Section 236(1)(b) CA 1961

Answer 7

Assault with intent to rob - Weapon

With intent to any person

Being armed with any offensive weapon or instrument OR anything appearing to be such a weapon or instrument

Assaults that person or any other person.

14 years

Question 8

Section 236(1)(c) CA 1961

Answer 8

Assault with intent to rob - Being together with

With intent to rob any person

Being together with any person

Assaults that person or any other person

14 years

Question 9

Section 236(2) CA 1961

Answer 9

Assault with intent to rob - failed robbery

Assaults any person

with intent to rob that person

Question 10

Dishonestly

Answer 10

No belief in consent or authority.

Question 11

Without claim of right

Answer 11

No possessory or proprietary right to the property.

Question 12

R v Skivington

Answer 12

An honest belief in claim of right is a defence to theft and therefore a defence to robbery.
Still liable for any violence based offending.

Question 13

Takes

Answer 13

A take is complete the moment the item is moved with intent to steal it.

Question 14

R v Lapier

Answer 14

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

Question 15

Ownership

Answer 15

Possession or control or any interest or the right to take possession or control.

Question 16

R v Maihi

Answer 16

There must be a nexus between the violence/threat used and the act of stealing – but it doesn’t need to be contemporaneous. Both must be present.

Question 17

Violence

Answer 17

Must involve more than a minimal degree of force and more than a technical assault, but does not need to include an injury.

Question 18

Peneha v Police

Answer 18

The actual violence used interferes with the personal freedom of the victim and is to cause injury or discomfort.

Question 19

R v Broughton

Answer 19

An intention to inflict violence unless the property is handed over. The threat may be veiled or direct and can be conducted by words, actions or both.

Question 20

Assess threat in context

Answer 20

Demeanour
Respective physiques
Age and appearance
Words and actions
Setting and manner of the event.

Question 21

Any Person - in terms of robbery

Answer 21

The violence can be directly at any person and does not have to be at the victim of the theft.

Question 22

Used to extort the property stolen

Answer 22

Extort means to obtain by violence, coercion, or intimidation or to extract forcibly.

Question 23

Prevent or overcome resistance to it being stolen

Answer 23

Prevent means to keep from happening.
Overcome means to defeat or prevail over.

Question 24

At the time of, before or immediate after

Answer 24

Immediately refers to the connection in time between the robbery and the infliction of GBH.

Question 25

Causes

Answer 25

They are criminally responsible for it.

Question 26

GBH DPP v Smith

Answer 26

DPP v SMITH – Bodily harm needs no explanation and grievous means no more or no less than really serious.

Question 27

Together with

Answer 27

The defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.
Each must play some active part in the robbery.

Question 28

Physical proximity

Answer 28

Two or more people actually present and acting together in commission of the robbery.

Question 29

R v Joyce

Answer 29

R V JOYCE
The crown must establish that at least two persons were physically present at the time of the robbery was committed or the assault occurred.

Question 30

Joint Enterprise

Answer 30

JOINT ENTERPRISE
Presence without active participation is not enough.

Question 31

R v Galey

Answer 31

R V GALEY
Together means two or more people forming a common intention to use their combined force.

Question 32

Being armed with

Answer 32

BEING ARMED WITH
Means that the defendant is carrying the item or has it available.

Question 33

Offensive Weapon

Answer 33

OFFENSIVE WEAPON
Means any article made or altered for the use for causing bodily injury, or intended by the person have with him for such use.

Question 34

Instrument

Answer 34

INSTRUMENT
Will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 35

Anything appearing to be such

Answer 35

ANYTHING APPEARING TO BE SUCH
The thing needs to be something other than a part of the person’s body.
Finger in jacket to appear like gun is not sufficient.

Question 36

Assault

Answer 36

ASSAULT
The act of intentionally applying force directly or indirectly to the person of another.

Question 37

R v Peat

Answer 37

As in the case of theft the immediate return of goods by the robber does not purge the offence.

Question 38

R v Bentham

Answer 38

What is possessed must under the definition be a thing. A finger or hand is not a thing.