Robbery

Question 1

What is the elements of robbery?

Answer 1

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

Question 2

What are the elements of Aggravated Robbery Section 235(a)?

Answer 2

• Robs any person
• at the time of OR immediately before OR immediately after the robbery
• causes GBH
• to any person

Question 3

What are the elements of Aggravated Robbery Section 235(b)?

Answer 3

• being together with any other person or persons
• robs
• any person

Question 4

What are the elements of Aggravated Robbery Section 235(c)?

Answer 4

• being armed with offensive weapon or instrument OR any thing appearing to be such a weapon or instrument
• robs
• any other person

Question 5

What are the elements of theft?

Answer 5

• dishonestly
• without claim of right
• taking any property

-with intent to permanently deprive the owner of that property

Question 6

Define “dishonestly”?

Answer 6

• means done or omitted without belief that there was express or implied consent,
• or authority for
• the act or omission from person entitled to give consent or authority

Question 7

Define “claim of right”?

Answer 7

• means a belief at the time of act in a proprietary or possessory right in property
• in relation to which the offence is alleged to have been committed

Question 8

What is R v Lapier?

Answer 8

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

Question 9

What is R v Peat?

Answer 9

• in the case of theft;
• the immediate return of goods does not purge the offense
• subject always to the necessary intent existing at the time of taking

Question 10

What is R v Cox?

Answer 10

• possession involves two elements
• the first is the physical element, is actual or potential physical custody or control
• the second is the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that substance is in possession, and an intention to exercise possession

Question 11

What is R v Skivington?

Answer 11

• theft is an element of robbery
• and if the honest belief that a man has COR is a defense to theft
• then it negates one of the elements for robbery
• without proof of which the full offence is not made out

Question 12

What is Peneha v Police?

Answer 12

• It is sufficient
• “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 13

What is R v Broughton?

Answer 13

• a threat of violence is;
• manifestation of an intention to inflict violence unless the money be handed over
• threat may be direct or veiled
• it may be conveyed by words or conduct, or combination of both

Question 14

Define “extort”?

Answer 14

to obtain by coercion or intimidation

Question 15

Define “prevent”?

Answer 15

to keep from happening

Question 16

Define ‘GBH”?

Answer 16

harm that is really serious

Question 17

What is DPP v Smith?

Answer 17

“bodily harm” needs no explanation and “grievous” means no mroe and no less than “really serious”

Question 18

What is R v Joyce?

Answer 18

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

Question 19

What is R v Galey?

Answer 19

• “being together” involves
• two or more persons having the common intention to use their combined force
• directly in the perpetration of the crime

Question 20

What are the three broad classes of offensive weapon?

Answer 20

• items made solely for purpose of attaching or inflicting injury such as firearms, swords or knuckledusters
• items that have innocent purpose but have been altered or adapted for use for causing injury, such as a bottle that has been deliberately broken to create a jagged edge
• items intended to cause injury, including things capable of causing injury such as a baseball bat or knife

Question 21

What is R v Bentham?

Answer 21

• what is possessed must be a thing, a persons “hands or fingers are not a thing”.

Question 22

What is R v Maihi?

Answer 22

It is implicit in ‘accompany’ that there must be a connection between the act of stealing and a threat of violence.

• Both must be present however does not require them to be contemporaneous

Question 23

What is R v Mitchell?

Answer 23

• There may be occasions where property is handed over to a thief as a result of threats previously made still operating on the mind of the victim at the time