Robbery Flashcards
(11 cards)
What is the definition of an offensive weapon?
s202A
Offensive weapon means any article made or altered for use for causing bodily harm, or intended by the person having it with him for such use.
What are the three aggravated factors for robbery?
- 2 or more people. Must be physically present
- Use/possession of a weapon
- Causing GBH, before, during & after.
What are the three broad terms for an offensive weapon?
- Items made solely for attacking & causing injury.
- Items having an innocent purpose. E.g a bottle before it’s smashed.
- Items naturally capable of causing injury e.g. a kitchen knife.
Explain R v Shiverington
If there is honest belief that a person has a claim of right, this negates one of the elements of robbery and without proof the full offence is not made out.
E.g worker demanding his wages early from boss.
Explain R v Lapier
Hint: instant it’s taken.
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
Explain Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amounted to violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Basically to display assaultive intent.
Explain R v Broughton
A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over.
What is the meaning of extort?
The overbearing of the will of the victim.
Explain R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery or assault took place.
Explain R v Galey
Being together involves two or more persons having the common intention to use their combined force either in any event or as circumstances might acquire.
Explain R x Cox
Hint: Possession
Possession involves two elements. The physical element. Actual or potential physical control. The second combination of knowledge and intention. Knowledge as in sense of the awareness of its in his possession and the intention to use it.
