Aggravated Robbery (being armed with)

Question 1

Aggravated Robbery (being armed with) - section and ingredients

Answer 1

Section 235(c) of crimes act 1961 - 14 years

1. being armed with an offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
2. robs
3. any person

Question 2

what does being armed with mean

Answer 2

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

Question 3

offensive weapon definition under section 202(1) of crimes act

Answer 3

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

Question 4

what is an instrument

Answer 4

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.

Question 5

what must be proved with regards to “appearing to be such a weapon or instrument”

Answer 5

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.

Question 6

what is a robbery

Answer 6

1. theft
2. accompanied by violence or threats of violence
3. to any person or property
4. used to extort the property stolen OR prevent or overcome resistance to it being stolen