3 a second distinction is that robbery involves an

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of both offences was fulfilled. (3) A second distinction is that robbery involves an immediate threat of injury to person or property. On the other hand, demanding property with menaces may involve a veiled threat which is of such a nature that an ordinary reasonable man would read menace into the demand. (It is not ne- cessary that the victim have subjectively felt such menace). [Citing John Ray- mond Vaz v. R., supra.] In addition, demanding property with menaces need not involve a threat of violence, but may involve a threat to accuse the victim of mis-
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conduct . [Citing John Raymond Vaz v. R., supra; Rex v. Fulbhai Jethabhai Patel, (1946) 13E.A.C.A.179] In the present case it seems that this element of both of- fences was fulfilled. (4) A third distinction is that for a conviction of robbery the property must be handed over by the person threatened or at his request [Citing R. v. Edward (1833) 1M. & Rob. 257, C. & P. 518; cf. R. v. Donolly, 2 East P.C. at 718] whereas demanding money with menaces may involve a taking from some other person [c.f. R. v. Cheshire (1864)3 N.S.W.S.C.R. 129 (Australia) English and Empire Digest, Vo,. 15, p. 875]. In the present case the money was not taken from complainant or at his request, but was given by his son. Convic- tions for demanding money with menaces substituted. 280. Harnam Singh v. R., Crim. App. 97-D-68, 2/5/68, Biron J. Appellant, the second accused, was convicted of receiving stolen property; the first accused, who was convicted of stealing and fraudulent false accounting has not appealed. The evidence was that the first accused, who was a teller at the National Bank of Commerce, City Drive Branch, would cash checks for the second accused drawn on the Masdo House Branch. The first accused would hold a check until a subsequent check was drawn, and the proceeds of the second check or a part thereof would then be deposited in the Masdo House Branch to cover payment of the earlier check. There was some indication that these transactions were intended by the accused to operate as unauthorized short – term loans, and in fact all of the money was repaid. ( 1968)H.C.D. - 101- Held: (1) Even if there was an intent to repay, the payments amounted to stealing by the first accused. Penal Code Section 258(2) provides, “A person who takes or converts anything capable of being stolen is deemed to do so fraudu- lently if he does so with … (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to re- pay the amount to the owner.” (2) In order to be convicted of receiving stolen
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property, an accused must know or have reason to believe that he property was in fact stolen. [Citing P.C. s. 311(1); D.P.P v. Nieser (1959) 43 Cr. App. R. 35. (3) Ignorance of this rule of law would not be a defence of the first accused on the maxim ignorantia juris non excusat. “(I)n the case of the second accused, as the requisite guilty knowledge is an essential ingredient of the offence receiving, his ignorance of the law would constitute a defence, as in his case the maxim igno- rantia facti excusat would apply.” As such “borrowing” is not within the normal
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  • Fall '17
  • Dean Majamba

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