Robbery S234(1) CA 61

Question 1

What is the act, section and penalty

Answer 1

S234(1) CA 61

10 yrs

Question 2

What the 4 elements

Answer 2

1- Theft
2- Accompanied by violence 
or 
threats of violence 
3- To any person 
or 
Property
4- used to extort the property stolen 
or 
prevent or overcome resistance to it being stolen

Question 3

Definitions covered in relation to theft and property plus case laws

Answer 3

Theft - S219 CA 61
- Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or any interest in that property.

R v Skivington
- Theft is an element of robbery and if a man has a honest belief he has a claim of right it is a defence to theft then it negatives one of the elements in robbery then the full offence is not made out

Property - S2 CA 61
-Includes any real or personal property any estate or any interest in real or personal property, money, electricity or debt. it includes anything in action or any right of interest

R v Lapier
-Robbery is complete the moment the property is taken even if it is only momentarily.

R v Cox
-Possession has two elements. first called the physical element is actual or potential physical custody or control. Second is the mental element is a combination of knowledge and intention. Knowledge in the sense of an awareness that the substance is in his possession and intention to exercise possession of it.

Potential Possession
- Aries when the person has the potential to the thing on their control.

Actual Possession.
- Is where the thing in question is in a persons physical custody, it is on or about their person or immediately at hand.

Question 4

What 2 points need be to covered in VIOLENCE

Answer 4

Violence
-In the context of robbery violence must involve more than minimal degree of force and more than a technical assault. But need not involve the infliction of Body injury.

Penaha V Police
-It is sufficient that the actions of the defendant forcibly interfere with the personal freedom or amount to a forcible violent action or motion causing a very marked effect or tending to causes bodily harm or discomfort.

Question 5

What the 3 points to cover in Threat of violence

Answer 5

Threat of violence
-Threat are generally direct or veiled warning that violence will follow if the victim does not submit to the robbers demands.

Threats may also be conveyed though interference by the defendant conduct, demeanour or even appearance depending on the circumstances,

R v Broughton
-A threat is an intention to use violence if the money or property is not handed over. It maybe conveyed by words or conduct.

Question 6

What 2 points need to cover with EXTORT

Answer 6

Extort.
Means to obtain by coercion or intimidation

Extortion implies an overbearing of the will of the victim. The prosecution must prove the threats induced the victim to part with the property.

Question 7

What 2 points need to cover with PREVENT and OVERCOME RESISTANCE

Answer 7

Prevent
-Means to keep from happening

Overcome resistance
-To defeat, to prevail over or get the better of in a conflict

Question 8

What two 2 points need to be covered in relation to accompanied by?

Answer 8

Accompanied by
- The prosecution must prove
1- a connection between the violence or threats and the act of stealing
2- a intention to steal at the time the violence or threats were used.
3- the violence or threats were used for extorting the property or preventing or overcoming resistance to it being stolen

R v Maihi
- There must be a connection or link between the act of stealing and the threat of violence. Both must be present however it does not require they be at the same time.