Knowledge I Will Learn For Exam 1

Question 1

Accompanied by violence or threats

Answer 1

R v Maihi: must be a nexus between the act of stealing and the threat of violence. Need not be contemporaneous

Question 2

Accompanied by historic threats of violence

Answer 2

R v Mitchell: still applicable if property handed over as a result of previous threats still operating on the mind of the Victim at the time

Question 3

Violence

Answer 3

Peneha v Police: forcible interference with personal freedom

Question 4

Threats of violence definition

Answer 4

R v Broughton: show a manifestation of intent to inflict violence if property not handed over. Fear on the part of the Victim not required.

Question 5

Being together with any other person or persons case law

Answer 5

R v Joyce: must prove at least two people physically present at the time of thr robbery

AND

R v Galey

Wo or more persons with common intention to use combined force

Question 6

Robbery Offensive weapon case law

Answer 6

R v Bentham: Must be a thing, not a part of the person’s body

Question 7

Theft case law

Answer 7

R v Lapier: robbery complete when property taken
R v Skivington: honest claim of right is a defence
R v Peat: immediate return of goods does not purge offence
R v Cox: Physical and mental elements of possession

Question 8

GBH

Answer 8

DPP v Smith: really serious harm

Question 9

Loss

Answer 9

R v Morley: loss assessed by the extent to which the complainants position prior had been diminished or impaired

Question 10

Damages

Answer 10

R v Archer: temporary or permanent physical harm or impairment to its use or value

Question 11

Assault definition

Answer 11

Intentionally applying, or attempting to apply, force to another person, directly or indirectly, or threatening to apply such force if the offender has, or causes the other to believe on reasonable grounds they have, the present means to effect their purpose

Question 12

Kidnapping case law that is always present

Answer 12

R v Crossan: Takes away and detains are separate and distinct offences

R v Mohi: Offence is committed at the time of taking away so long as the necessary intent is present. (Bonus - the intent doesn’t need to be carried out)

Question 13

Defences for kidnapping offences

Answer 13

Abduction/kidnapping:
- person under 16 cannot consent to being taken away or detained
- no presumption in law that someone cannot have sexual connection due to their age

Abduction of a young person under 16
- no defence that the young person consented or suggests it
- no defence that the Defendant thought they were of or over 16
- it IS a defence to claim in good faith a right of possession of the young person.

Question 14

Disfigures case law

Answer 14

R v Rapana and Murray: disfigures includes temporary damage

Question 15

Aggravated wounding always case laws

Answer 15

R v Wati: must prove the commission or attempted commission of an offence by the accused or the person they are attempting to assist

R v Tihi: as well as the intent in paragraphs a - c, must prove the accused meant to cause the specified harm or foresaw their actions would expose others to it

R v Sturm: no need to prove the intended crime was actually committed