Aggravated Robbery S235(b) CA61

Question 1

What are the elements to Agg Robbery S235(b) CA61

Answer 1

• Being together with any other person or persons
• Robs
• Any person

Question 2

Define being together with

Answer 2

There must be evidence that the defendant was part of a joint enterprise by two or more persons, physically present at the robbery. Each must share the intent to steal using their collective force, and each must play some active role in the robbery.

Question 3

R v Joyce

Answer 3

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 4

R v Galey

Answer 4

Being together in the context of S235(b) CA61 involves tow or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 5

Define Robbery S234 CA61

Answer 5

Theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

Question 6

Define Accompanied by

Answer 6

The prosecution must prove a connection between the violence or threats of violence and the stealing of the property. It must be shown that the defendant not only had the intent to steal the property at the time the violence or threats of violence was used, but that the purpose of this violence were used for the purposes of extorting the property or preventing or overcoming resistance. The violence or threats usually occur at, or immediately before the time of theft.

Question 7

R v Maihi

Answer 7

It is implicit in accompany that there must be a nexus (Connection or link) between the act of stealing and a threat of violence. Both must be present, however, the term does not require that the act of stealing and the threat of violence contemporaneous.

Question 8

Define Violence

Answer 8

In the context of robbery, violence must involve more that a minimal degree of force and more than a technical assault, but nee not involve the infliction of bodily harm.

Question 9

Define Threats of Violence

Answer 9

Threat of violence is the manifestation of an intention to inflict violence. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.

Question 10

Peneha v Police

Answer 10

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 11

Define Person S2 CA61

Answer 11

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 12

Define ‘any person’ regarding Robbery

Answer 12

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.

Question 13

Define Property S2 CA61

Answer 13

Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right of interest.

Question 14

Define Extort

Answer 14

To extort means to obtain by violence, coercion or intimidation or to extract forcibly.

Question 15

Define Prevent

Answer 15

Prevent means to keep from happening

Question 16

Define Overcome

Answer 16

Overcome means to defeat, to prevail over, to get the better of in a conflict

Question 17

Define Person S2 CA61

Answer 17

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 18

Define ‘any person’ regarding Robbery

Answer 18

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.