Agg Robbery- Being armed with Flashcards
what is the act, section and penalty for agg rob with weapon
Aggravated robbery
S235(c) CA61
14 yrs
What the 3 elements
1- Being armed with any offensive weapon
or
instrument
or
anything appearing to be such a weapon or instrument
2- Robs
3- Any person
What needs to be covered for “being armed with”.
After this then decide is it an offensive weapon or instrument or appearing anything to be one
Being armed with
- Being armed with means carrying the item or has it available for immediate use as weapon
Offensive weapon-S202A(1) CA 61
- Any article made or alter for the use of causing bodily harm or intended by the person having it for such use
What the definition of INSTRUMENT
Instrument
- Any item intended to be used as a weapon or intimidate and overbear the victim
Explain anything appearing to be a weapon
Anything appearing to be a weapon
- It must be proven that the object appeared to be an offensive weapon or instrument, and the defendant intended or was reckless whether it would be seen as a weapon.
Explain robbery?
Robbery - S234(1) CA61
- Theft accompanied by violence or threats of violence to any person or property used to extort the property or prevent or overcome resistance to it being stolen
Person
Person -S2 CA61
- Gender neutral proven by judicial notice or circumstantial evidence.