Robbery

Question 1

Robbery
S234(1) CA61

10 Years Imprisonment

Answer 1

-Theft
-Accompanied by violence OR
threats of violence
-To any person or property
-Used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 2

Robbery
S234(1) CA61

10 Years Imprisonment

Answer 2

-Theft
-Accompanied by violence OR
threats of violence
-To any person or property
-Used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 3

Define theft S219-1-a CA61

Answer 3

Dishonestly
without claim of right
takes any property
with intent to deprive any owner permanently of that property or of any interest in that property.

R v Skivington

Question 4

R v SKIVINGTON

Answer 4

Larceny (or theft) is an ingredient of Robbery,and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

Question 5

Define property

Answer 5

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and anything in action and any other right or interest. R v Lapier

Question 6

R v LAPIER

Answer 6

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

Question 7

Define actual possession

Answer 7

Actual possession arises when the thing in question is in a person’s physical custody or immediately at hand.

Question 8

R v COX- possession

Answer 8

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 9

Define potential possession

Answer 9

Potential possession arises when the person has the potential to have the thing in question in their control.

Question 10

R v MAIHI

Answer 10

“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 11

PENEHA v Police

Answer 11

It is sufficient that the actions of the defendant forcibly interfere with personal freedom of the person, or amount to forcible, powerful or violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 12

Define threats of violence

Answer 12

A threat of violence is generally a direct or veiled warning that violence will be used if the victim does not submit to the robber’s demands.

Question 13

To any person

Answer 13

Gender neutral, proven by judicial notice or circumstantial evidence.

Of note

Violence or threats can be directed at any person, not just the victim and any property of interest.

Question 14

Define ‘Used to extort the property stolen’

Answer 14

Extort means to obtain by coercion or intimidation.

Of note

Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

Question 15

Define ‘Used to prevent to overcome resistance to it being stolen’

Answer 15

To prevent; To keep from happening

Or Overcome;To defeat, to prevail over, to get the better of in a conflict.