Aggravated Robbery - Offensive Weapon

Question 1

Aggravated Robbery - Offensive Weapon

Section, penalty, ingredients

Answer 1

Aggravated Robbery - Offensive Weapon
Section 235(c) Crimes Act 1961
14 years imprisonment

Being armed with any offensive weapon
or
instrument
or
anything appearing to be such an offensive weapon or instrument

Robs

Any person

FURTHER - Robbery content
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Theft
- Dishonestly
- and without claim of right,
- taking any property with intent to deprive any owner permanently of that property
- or of any interest in that property.

Accompanied by violence
or
threats of violence

To any person or property

Used to extort the property stolen
or
Prevent or overcome resistance to it being stolen

Question 2

Being Armed

The defendant is…

Answer 2

Being Armed
The defendant is carrying the item or has it available for immediate use as a weapon.

Question 3

Offensive Weapon

An article made…

Answer 3

Offensive Weapon - Sec 202A(1) Crimes Act 1961
An article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.

Question 4

Instrument

Of note only

Answer 4

Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 5

Anything Appearing to be such a weapon or instrument

It must be proved…

Answer 5

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.

Question 6

Robs

Answer 6

S234(1) 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.