Aggravated Robbery - S235(c)

Question 1

Agg Robbery (Offensive Weapon)

Section/Penalty/Elements

Answer 1

S235(c) CA61

14 years imprisonment

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 2

S235(c)
Element 1
Being armed with any offensive weapon OR instrument OR anything appearing to be such an offensive weapon or instrument

What case laws and definitions for this element?

Answer 2

Define: Armed = carrying the item or having it available for immediate use
Define: offensive weapon S202A

Case law:
R v Bentham

Question 3

S235(c)
Element 2
Robs
What case laws and definitions for this element?

Answer 3

Define: robbery (elements)

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

Question 4

Define
Offensive Weapon

Answer 4

S202A CA1961
any item capable of being used for bodily injury

Question 5

Case law:
R v Bentham

Answer 5

A persons hand/fingers is not a thing

Question 6

Robbery defintion (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