Robbery

Question 1

Robbery

Answer 1

Section 234(1) CA 1961

• Theft
• accompanied by violence or accompanied by threats of violence
• to any person or property
• used to extort the property stolen, or to prevent or overcome resistance to its being stolen

Question 2

Aggravated Robbery (section 235(a)

Answer 2

• robs any person
• at the time of, or immediately before or immediately after, the robbery
• causes GBH
• to any person

Question 3

Aggravated Robbery (section 235(b)

Answer 3

• being together with any other person or persons,
• robs
• any person

Question 4

Aggravated Robbery (section 235(c)

Answer 4

• being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
• robs
• any other person

Question 5

Assault with intent to Rob (236(1)(a))

Answer 5

• with intent to rob any person
• causes GBH to that person or any other person

Question 6

Assault with intent to Rob (236(1)(b))

Answer 6

• with intent to rob any person
• bring armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
• assaults that person or any other person

Question 7

Assault with intent to Rob (236(1)(c))

Answer 7

• with intent to rob any person
• being together with any other person or persons
• assaults that person or any other person

Question 8

Assault with intent to rob (236(2))

Answer 8

• Assaults any person
• with intent to Rob that person or any other person

Question 9

R v LAPIER

Answer 9

“Robbery is complete the instant the property is taken… even possession by the thief is only momentary”

Question 10

R v SKIVINGTON

Answer 10

“a defence to theft is a defence to robbery”

Question 11

R v PEAT

Answer 11

“the immediate return of the goods by the robber does not purge the offence”

Question 12

R v COX

Answer 12

In relation to robbery;

“both a physical and mental element must be proved to satisfy possession”

Question 13

R v MAIHI

Answer 13

“must be a nexus between the act of stealing and the threat of violence”

Question 14

PENEHA v POLICE

Answer 14

“It is sufficient, that the acts of violence interfere with the victims freedom”

Question 15

R v BROUGHTON

Answer 15

“threat may be direct or veiled, conveyed by conduct or words”

“absence of fear by victim does not negate the threat”

Question 16

R v BENTHAM

Answer 16

“ what is possessed must, under the definition, be a thing. A person’s, hand or fingers are not a thing”

Question 17

R v JOYCE

Answer 17

“Crown must prove two or more were physically present at the time of the robbery or assault”

Question 18

R v GALEY

Answer 18

“ being together in the context of (B) involves the two having the common intention to use their combined force”

Question 19

R v MITCHELL

Answer 19

“where property is handed over to a thief, as a result of threats previously made, but still operating on the mind of the victim at the time… The question will be one of fact, and degree in each case”