Aggravated Robbery - (Causes GBH) Flashcards
Section
Sec 235 (a) Crimes Act 1961
Penalty
14 years imprisonment
Ingredients
1) Robs
2) Any Person
3) And at the time of
or immediately before
or immediately after
3) Causes GBH
4) To Any Person
Robs
Theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or used to overcome resistance to the property being stolen.
Any Person
Gender neutral proven by judicial notice or circumstantial evidence.
At The Time Of
During the commission of the theft, at the time of the taking with the required intent.
Immediately
The term immediately refers to the connection in time between the robbery and the infliction of Grievous Bodily Harm. Whether or not that connection amounts to immediate is a matter of fact and degree to be considered in each case.
Immediately Before
The connection in time before the taking of the item stolen.
Immediately After
The connection in time after the taking of the item stolen.
Causes GBH
Person causes GBH if his actions make him criminally responsible for it.
Grievous Bodily Harm
GBH can be defined as harm that is really serious.
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less that really serious.
To Any Person
Gender neutral, proven by judicial notice or circumstantial evidence.