Aggravated Robbery Flashcards
AGGRAVATED ROBBERY
Define as per legislation
Section 235, Crimes Act 1961
Aggravated robbery
Penalty 14 years
(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.
Robs
All the ingredients of robbery must be proved for an aggravated robbery charge to proceed.
Define ingredients
- *Section 234(1) Crimes Act 1961 **
- *Penalty: 10 Years**
**Robbery **
- Theft
- accompanied by violence or threats of violence,
- to any person or property,
- used to extort the property stolen or to prevent or overcome resistance to its being stolen.
**Any person / To any person **
Define
Person - Gender neutral proven by judicial notice or circumstantial evidence
RTS needs to include the preposition
At the time of, or immediately before or immediately after, the robbery
Define these three terms
At the time of: During the commission of the theft, a the time of taking with the reuqired intent.
Immediately before: refers to the connection in time between the robbery and the infliction of GBH
**Immediately after: **refers to the connection in time between the robbery and the infliction of GBH
Causes grievous bodily harm
Define GBH
Relate to case law
Grievous bodily harm can be defined simply as “harm that is really serious”.
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Causes grievous bodily harm
Define ‘causes’
‘Causes’ - In this context a person causes grievous bodily harm if his actions make him criminally responsible for it.
Being together with any other person or persons
Define ‘together with’
Refer to case law
There must be proof that, in committing the robbery, the defendant was past of a joint enterprise by two or more persons who were physically present at the robbery.
R v Joyce
“The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”
R v Galey
“Being together” in the context of section 235(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.”
Being armed with any offensive weapon **or instrument, **or any thing appearing to be such a weapon or instrument
Define The term “being armed with”
The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon
Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
Define ‘Offensive weapon’ as per legislation
Section 202A(1), Crimes Act 1961
Offensive weapon
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
Define instrument
The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.
Being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument
What must be proven for the ‘or anything appearing to be such a weapon’ part of the ingredient?
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.
However a “thing” does not include a part of a person’s body.
