LLB106 Lecture 11: PROPERTY OFFENCES (1)
Document Summary
Stealing in the context of robbery; stealing, able to get it from someone by violence. The offence of stealing concerns where the owner of the property isn"t aware or present when they steal the property, therefore no violence stealing not robbery. All these elements will be easy and straightforward to prove based on the facts, the only element that would not be obvious on the facts and would require case/ legislation to prove would be the element of (4) violence. The smallest amount of actual violence will suffice as an element of the charge of robbery : r v jerome. Person has wallet in their pocket and you grab it and yank it out of their pocket. It is a small amount of force but it isn"t actual violence on the authority of jerome, so that would just be stealing not robbery.
