Robbery Flashcards
Ingredients of theft
Section 219 (1), CA1961
- dishonestly
- and without claim of right
- taking any property with intent to deprive any owner permanently of that property
- or of any interest in that property
R v Skivington
“Larceny (or theft) is an ingredient or robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”
R v Skivington
Actual possession (definition)
Possession may be actual or constructive.
Actual Possession:
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person or immediately at hand.
Ideal Possession: (Actual) (include case law)
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
Warner vs Metropolitan Police Commissioner
Constructive Possession (definition)
Possession may be actual or constructive:
Constructive possession:
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Accompanied by (definition)
The prosecution must prove:
- A connection between the violence or threats of violence and the stealing of the property.
- The defendant had an intent to steal at the time the violence or threats were used.
- The violence or threats were used for the purposes of extorting the property, or preventing or overcoming resistance to it being stolen
Name and quote the case law that relates to the ‘Accompanied by’ ingredient?
R v Mahi
“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…”
Violence (definition)
In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.
Name and quote case law relating to ‘Violence’ ingredient
Peneha v Police
It is sufficient that “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”.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
Threats of Violence (definition)
- A “threat is generally a direct or veiled warning that violence will be used is the victim does not submit to the robbers demands.
- Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances.
Name and quote of case law that relates to the “threats of violence” ingredient.
R v Broughton
A threat of violence is “the manifestation of an intent to inflict violence unless the money or property is handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination or both”.
To any person (definition)(robbery context)
Gender neutral. Proven by judicial notice or circumstantial evidence.
Violence or threats can be directed at any person not just the victim and any property or interest.
Property (definition)
S2CA1961
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Extort (definition)
To “extort” mean “to obtain by coercion or intimidation”
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.
