Aggravated Robbery - GBH

Question 1

Agg Robbery GBH

Section/Penalty/Elements

Answer 1

S235(a) CA61

14 years imprisonment

1) Robs
2) any Person
3) at the time of OR immediately before OR immediately after the robbery
4) Causes GBH
5) to Any Person

Question 2

S235(a)
Element 1
Robs
What case laws and definitions for this element?

Answer 2

Define: Robbery (elements)

Case laws:
R v Lapier
R v Skivington
R v Maihi

Question 3

S235(a)
Element 2
Any Person
What case laws and definitions for this element?

Answer 3

Define: Person

Gender neutral. Proven by JN or CE

Question 4

S235(a)
Element 3
At the time of OR immediately before OR immediately after the robbery
What case laws and definitions for this element?

Answer 4

Define: situation where the violence is used to extort the property stolen or overcome resistance

Question 5

S235(a)
Element 4
Causes GBH
What case laws and definitions for this element?

Answer 5

Definition: His or her actions make him or her criminally responsible for it

Case law:
DPP v Smith

Question 6

Robbery definition (elements)

Answer 6

S234(1) CA61

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

Question 7

Case law:
R v Lapier

Answer 7

Robbery is complete at the time the property is taken

Question 8

Case law:
R v Skivington

Answer 8

Claim of right is a defence to robbery

Question 9

Case law:
R v Maihi

Answer 9

There must be a connection between the act of stealing and the threat of violence, but it need not be contemporaneous

Question 10

Case Law:
DPP v Smith

Answer 10

DPP v Smith:
GBH means really serious harm

Note: Causes GBH