Aggravated Robbery Flashcards
Aggravated Robbery
AGG ROB - S235
(a) Robs/Any person/At the time of OR immediately before OR immediately after the robbery/Causes GBH/ To any person
(b) Being together with any other person/Robs/Any person
(c) Being armed with an offensive weapon OR instrument OR anything appearing to be such a weapon or instrument/Robs/Any other person
DDP V Smith - GBH
Bodily harm needs no explanation and grievous means no more and no less ‘really serious.’
R V Joyce
Crown must establish that at least two persons were physically present and acting together at the time the robbery was committed/the assault occurred.
R V Galey - Joint Enterprise
R V GALEY - JOINT ENTERPRISE
‘Being together’ involves 2+ people have the common intention to use their combined force, as circumstances might require in the perpetration of the crime. Mere presence without active participation is not sufficient.
Being armed
Defendant is carrying the item or has it available for immediate use.
Offensive weapon
Sec 202A of CA 1961 - any article made/altered/intended for causing bodily injury. (Appearing as such does not include body part - not a thing that can be taken as property)
Assault with intent to rob - 236 (1)
ASSAULT w INTENT TO ROB - 236(1)
UNSUCCESSFUL AGG ROB
Anyone/With intent to rob/Any person;
(a) causes GBH to that person OR any other person
(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
(c) being together with any other person or persons, ASSAULTS that person OR any other person.
Assault with intent to rob - 236 (2)
ASSAULT w INTENT TO ROB - S236(2)
Anyone who/ Assaults/ Any person/ With intent to rob that person or any other person
- alternate to attempting to commit robbery (unsuccessful), assault in course of attempt but no aggravating features of S235
