Aggravated Robbery (c) Flashcards
Aggravated Robbery (c)
Section 235 (c) Crimes Act 1961
Penalty
14 years
Elements
- Being armed with an offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Robs
- Any person
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.
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.
Instrument
Not defined by statute. Will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
Anything appearing to be such a weapon or instrument
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.
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.