Aggravated Robbery Flashcards
What is the section and penalty?
Section 235(a) (b) (c) Crimes Act 1961
What are the Elements?
(a)
- Robs any person and
- at the time, immediately before or immediately after
the robbery
- Causes Grievous Bodily Harm to any person
(b)
- Being together with one or more persons
- Robs any person
(c)
- Being armed with any offensive weapon or instrument
or anything appearing to be such a weapon or
instrument
- Robs any person
What is DPP v SMITH?
Grievous Bodily harm
Bodily harm needs no explanation and grievous simply means really serious harm.
Explain R v Joyce?
This relates to proving presence of an offender at the scene.
“The Crown must establish that at least two persons were physically present at the time of the robbery was committed or assault occurred.”
R v Galey?
This relates to having a common intention.
” Being together” in the context of section 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.
Being armed means?
Has with him or her ie carrying or available at their immediate control.
Offensive Weapon means?
Subsection (4)(a) offensive weapon means any article made or altered for the use of causing bodily injury or intended by the person having it for such use.
Subsection (4)(b) also extends the meaning to any article capable of being used for causing bodily injury.
Instrument?
It 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.
Anything appearing to be such?
It must be proved that the object appeared to be an offensive weapon or instrument to the Victim and the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
A person’s finger presented as a weapon cannot be a weapon. A person is not armed with anything using their finger to simulate this.
