Aggravated Robbery

Question 1

Aggravated Robbery Legislation

Answer 1

Section 235 - CA 1961

Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) Robs any person and, at the time of, or immediately before, or immediately after the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be
such a weapon or instrument, robs any other person.

Question 2

DPP V SMITH

Answer 2

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Question 3

Any person

Answer 3

The person suffering grievous bodily harm need not be the person robbed (Could be someone coming to the rescue

Question 4

Being together with (Not word perfect)

Answer 4

There must be proof that:

• part of a joint enterprise by two or more persons
• physically present at the robbery
• share an intent to steal using their collective force should that be necessary

Question 5

R V JOYCE

Answer 5

The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Question 6

R V GALEY

Answer 6

“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, directly in the perpetration of the crime or as
circumstances might require,.”

Question 7

“Being armed with” meaning

Answer 7

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

Question 8

“Offensive weapon” meaning

Answer 8

• means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use
• means any article capable of being used for causing bodily injury

Question 9

Instrument meaning

Answer 9

Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist

Question 10

“Any thing appearing to be such” meaning

Answer 10

It must be proved both that the object appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon

Question 11

Assault with intent to rob legislation

Answer 11

Section 236 C A 1961

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with
intent to rob any person,—

(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing
to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any
other person.

(2) Every one who assaults any person with intent to rob that person or any other person
is liable to imprisonment for a term not exceeding 7 years.

Question 12

Assault definition

Answer 12

‘assault’ means:
the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose