Robbery Flashcards
Short form liability
Aggravated robbery - weapon
Proof that armed with an offensive weapon
Proof of robbery - theft accompanied of violence
Proof of person
Define robs (theft part)
(Person) dishonestly and without claim of right takes (property). (Person) has no possessory or proprietary right to (property) as they do not own it. (Person) intends to deprive the owner permanently of the (property). This is shown by their actions. Theft is complete the moment they took the (property) with the required intent to deprive the owner permanently.
Define robs (violence part)
(Person) threatens/uses violence to (person) to obtain the (property). The threats/violence is used to extort/overcome resistance to obtain the (property).
There must be a close nexus to the theft and threats/violence. In this scenario the threats/violence are closely connected.
Define dishonestly
An act or omission done without authority or a belief there was express or implied consent to
Claim of right as a defence to robbery
R v Skivington
Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out
Define taking
R v Lapier
Theft is complete the moment the item is moved with intent to steal it
R v Lapier
Robbery is complete the instant the property is taken even if possession by the thief is only momentary
Define possession
R v Cox
Possession has two elements. Physical element is actual or potential physical custody or control. Mental element is knowledge that the substance is in his possession and has an intention to exercise possession
Define property
Real, tangible and personal
Define accompanied by
R v Maihi
It is implicit in accompany that there must be a nexus between the act of stealing and a threat of violence. Both must be present. Does not require that the act of stealing and the threat of violence be contemporaneous
Define violence
R v Peneha
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.
R v Penaha
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
Define threats
R v Broughton
A threat of violence is the manifestation of an intention to inflict violence unless the money or property is handed over. A threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.
Circumstances that amount to threats
The relative ages of the parties
Their respective physiques
Their appearance
Their demeanour
What was said and done by those involved
The manner and setting in which the incident took place
Define extort
To obtain by coercion or intimidation
Define prevent
To keep from happening
Define overcome resistance
To defeat, to prevail over, to get the better of in a conflict
