Robbery Flashcards
“Demands”
R v Heard - The form of words used for a demand does not matter. Demand is a strong word, but a demand does not have to contain abusive terms, so long as it is clear that it is a request for something.
Intent Requirement
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
Robbery complete when…
R v Lapier - Robbery is complete the instant the property is taken, even if possession by the theif is only momentary.
Ideal Possession
Warner v Metropolitan Police Commissioner - Ideally the possessor of a thing has complete physical control over it. He is aware of its existence, situation, and its qualities.
Intent Defined
R v Mohan - Intent is the decision to bring about, in so far as it lies within the offenders power, the commission of an offence.
Claim of Right as defence to Robbery
R v Skivington - Larceny (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 that negatives one of the ingredients of robbery, without proof of which the full offence is not made out.
Robbery - “Violence”
Peneha v Police - It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible power or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Robbery - “Joint Enterprise”
R v Galey - Being together in the context of 235(b) involves two or more persons having a common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of a crime
Robbery - “Accompanied by”
R v Maihi - It is implicit in “accompany” that there be a nexus (link) between the act of stealing and the 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.
Robbery - “Threats of Violence”
R v Broughton - A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words conduct or a combination of both.
Robbery - “Together with”
R v Joyce - The crown must establish that at least two persons were physical present at the time the robbery was committed or the assault occurred.
