Aggravated Robbery - Offensive Weapon

Question 1

Section and penalty

Answer 1

S235(c) CA61

14 years imprisonment

Question 2

Ingredients

Answer 2

1) Being armed with any offensive weapon
OR
instrument
OR
anything appearing to be such an offensive weapon or instrument
2) Robs
3) Any person

Question 3

Being Armed

Answer 3

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

Question 4

Offensive Weapon

Answer 4

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 5

Instrument

Of note only

Answer 5

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 6

Anything Appearing to be such a weapon or instrument

Answer 6

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 7

Robs

Answer 7

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.

Question 8

Any Person

Answer 8

Gender neutral proven by judicial notice or circumstantial evidence.