Aggravated Robbery

Question 1

Criminal Liability for Aggravated Robbery (offensive weapon)

Answer 1

Aggravated Robbery - s235(c) Crimes Act 1961

• 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

Criminal Liability for Aggravated Robbery (together with)

Answer 2

Aggravated Robbery - s235(b) Crimes Act 1961

• Being Together
• With any other person or persons
• Robs
• Any person

Question 3

Criminal Liability for Aggravated Robbery (GBH)

Answer 3

Aggravated Robbery - s235(a) Crimes Act 1961

• Robs
• Any person
• And at the time of (or) immediately before (or immediatly after the robbery
• casues GBH
• to any person

Question 4

Causes

Answer 4

A person causes GBH if his or her actions make them criminally responsible for it

Question 5

Grevious bodily Harm

Answer 5

Harm that is really serious

Question 6

DPP v Smith

Answer 6

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

Question 7

Together with

Answer 7

There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons 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 play some active role in the robbery.

Question 8

R v Joyce

Answer 8

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

Question 9

Joint enterprise

Answer 9

Mere presence during the commission of robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.

Question 10

R v Galey

Answer 10

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

Question 11

Being armed with

Answer 11

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 12

Offensive weapon

Answer 12

offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 13

Instrument

Answer 13

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