DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v HABKOUK
Reasons for Ruling of His Honour Judge Tilmouth
19 August 2005
CRIMINAL LAW
Particular offences - property offences - robbery - robbery and theft forming part of a criminal enterprise - alternative offences - theft held alternative verdict to robbery - accused liable to conviction for robbery even though only a party in joint enteprise to commit theft.
Criminal Law Consolidation Act (1935) (SA) ss 134, 137, 267, referred to.
R v Shillingford [1954] SASR 206; R v O'Brien (1911) 27 TLR 204; R v Lillis [1972] 2 QB 234; R v Salisbury [1976] VR 452; R v Cameron (1983) 2 NSWLR 66; 8 A Crim R 466, applied.
R v Van Ban Che (1988) 50 SASR 1; R v Story (2004) 144 A Crim R 370, 391 [103] (SA); Osland v The Queen (1988) 197 CLR 316, 345 [79], discussed.
R v HABKOUK
[2005] SADC 109Background
The accused was arraigned, pleaded not guilty and placed in charge of the jury during the July sessions of this Court upon the charge of robbery, contrary to Section 137 (1) of the Criminal Law Consolidation Act(SA) 1935 (“The Act”).
The allegations against him, stated briefly, are that on Thursday 21 September 2003 he and three other men together entered Shiels Jewellers at Sefton Plaza, Sefton Park and stole a quantity of valuable jewellery. This theft is said by the prosecution to amount to robbery – at least in the case of this particular accused – because he used force (or threatened to use force) against an employee of the store, in order to escape from the scene of the offence ‘at the time of or immediately before or after’ the theft, as required by ss.137 (1)(a) and (b) of the Act.
After entering the store the four men including the accused, showed interest in several items of jewellery. The accused then separately engaged one of several store employees in conversation which progressed to the point of an apparent transaction for the purpose of purchasing two items of jewellery. The two of them moved away from the other three men to a counter near a cash register, where further discussion took place as to price, during which the three men near the display cabinet grabbed a fan displaying jewellery worth about $12,000 and ran from the store. The identity of those men was never ascertained by the police
At that time on the prosecution case, one of them yelled “go, go, go,” “hurry up take it,” or one of the store employees accused him ‘you were with them, they’re your mates stay here’, prompting the accused more or less immediately, to run from the store. This evidence of flight was led by the prosecution as showing a consciousness of guilt.[1] An attempt was made to restrain him by an employee, however he pushed her away with a wave of his arm thus freeing her grip and then…
Continue reading R v Habkouk
Sign in free to access the full text
- AGLC
- R v Habkouk [2005] SADC 109
- Case
- [2005] SADC 109
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.