Robbery - Offence break down Flashcards Preview

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Flashcards in Robbery - Offence break down Deck (6)
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1
Q

What is something to consider when the offender has a claim of right negating robbery?

A

They may be criminally liable for other violence related offences relating to how they took the property

2
Q

What is required in proof of possession?

A

That both the physical and mental elements outlined in R v Cox are met

3
Q

What happens if a person intents to replace the item taken with similar property?

A

It does not negate the intent to deprive the owner permanently but may be negate dishonesty

4
Q

For accompanied by what must the prosecution prove?

A

that the defendant had an intent to steal and the violence used was for the purpose of extorting the property or preventing/overcoming resistance

5
Q

What is the time limit for threats and theft for robbery?

A

A matter to be decided in each case. There may be occasions where the property is handed over to a thief as a result of threats previously made still operating on the victims mind at the time

6
Q

What level of violence is required to constitute violence?

A

more than a minimal degree of force and more than a technical assault but need not involve the infliction of bodily injury