Aggravated Robbery (b) Flashcards
Aggravated Robbery (b)
Section 235 (b) Crimes Act 1961
Penalty
14 years
Elements
- Being together with any other person or persons
- Robs
- Any person
Being together with
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.
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.
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.
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 Section 234 (1) Crimes Act 1961
Person
Gender Neutral. Proven by judicial note or circumstantially.