Case Law Flashcards
Dishonestly:
Without a belief in express or implied consent to the act
Without Claim of Right
Without a proprietary or possessory claim to the property.
R v Skivington (claim of right- defence to robbery)
Defence to theft - claim of right
Is a defence to robbery
R v LAPIER
Theft is completed the instant the property is moved, regardless of whether ..
Regardless of whether the property was successfully stolen
R v PEAT
THE IMMEDIATE RETURN OF THE STOLEN PROPERTY …
Will not purge the offender of the offence
R v COX
There must be both a physical and mental aspect to the possessions the property. Physical in that they may physically possess the property and mental in that they may have knowledge of its location or control over it
Eg. Authority held over it.
R v MAIHI (nexus)
There must be a nexus between the element of theft and the violence or threats of violence to quantify the action as a robbery….
It is not necessary that the two are contemporaneous.
R v MITCHELL
A threat of violence may be historic. What matters is the threat still affects the will of the victims.
R v Mitchell
A threat of violence may be historic. What matters is the threat still affects the will of the victims.
R v MITCHELL
Violence- Robbery
PENEHA v Police
It is sufficient that the actions of the defendant interfered with the personal freedom of the victim from forceful or powerful act, had a marked affect on the victim.
Threat of violence - Robbery
R v BROUGHTON
A threat of violence is “the manifestation of an intention to inflict violence unless the ,ones 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.
R v BUTLER
A combination of circumstances could well cause the victim to freeze, therefore facilitating the offence of theft.
‘Frozen butler’ victim freezes as a result of fear of defendants actions or intent through fear of violence
R v JOYCE (Agg Rob)
The courts must prove that….
Two or more persons were physically present at the time the robbery was committed.
S235 (b) being together with two or more persons with a common intention to use combined force directly in the perpetration of the crime
R v GALEY
TWO OR MORE GAYS PENETRATING THE CRIME
R v. BENTHAM
What is possessed must a thing, not fingers etc, In theory Police could seize the ‘thing used in the commission of the offence, hence why a severed arm or hand wouldn’t work.
Must be anything other than a limb or digit.
BENTHAM - where a male pushed his finger under a jacket and stated he’d shoot a victim which the victim believed and handed over money as a consequence of the threat
