Agg Rob - offence breakdown

Question 1

Define being together with

Answer 1

the defendant was part of a joint enterprise of two or more people who were physically present at the robbery.

Each must share an intent to steal using their collective force should that be necessary and each must have an active role in the robbery.

Question 2

What happens when two or more people are present but only one engages in the robbery?

Answer 2

Mere presence during the commission of the robbery without active participation is not sufficient.

Question 3

Define being armed with

Answer 3

The defendant is either carrying the item or has it available for immediate use as a weapon

Question 4

Define offensive weapon

Answer 4

Any article made or altered for use of causing bodily injury, or intended by the person having it with him for such use

Question 5

Define instrument

Answer 5

Includes any item intended to be used as a weapon or to intimidate and overbear the victims will to resist

Question 6

What must be proved for anything appearing to be such a weapon or instrument

Answer 6

That the object appeared to be an offensive weapon or instrument to the victim and the defendant was at least reckless as to the possibility that it would be perceived as one

Question 7

What is not included under anything appearing to be such a weapon or instrument?

Answer 7

A part of the persons body as the weapon or instrument must be defined as a thing which a part of the body is not.