Aggravated Robbery - GBH Flashcards
Section and penalty
S235(a) CA61
14 years imprisonment
Ingredients
1) Robs any Person
2) And at the time of or immediately before or immediately after the robbery
3) Causes GBH to Any Person
Robbery
S234 CA61
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 causes injury.
immediately before, immediately after
connection in time between robbery and the GBH, case by case when referring to immediately.
To Any Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Doesn’t need to be the person being robbed.
DPP v Smith
Bodily Harm needs no explanation and grievous means no more and no less than really serious.
Grievous Bodily Harm
GBH can be defined as harm that is really serious.
Grievous refers to the degree of harm caused, not the nature of how it was caused.
Agg Rob GBH liability
Robs any person - Robbery liability - Person meaning An at the time or immediately before or immediately after - Meaning of either Causes GBH to any person - GBH meaning - DPP v Smith - Person meaning