Aggravated Robbery - Offensive weapon

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

S235(c)
Element 3
Any person
What case laws and definitions for this element?

Answer 4

Gender neutral. Proven by JN or CE

Question 5

Define
Offensive Weapon

Answer 5

S202A CA1961
any item capable of being used for bodily injury

Question 6

Case law:
R v Bentham

Answer 6

A persons hand/fingers is not a thing

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, but it need not be contemporaneous

Question 10

A persons hand/fingers is not a thing

Answer 10

Case law:
R v Bentham

Question 11

Robbery is complete at the time the property is taken

Answer 11

Case law:
R v Lapier

Question 12

Claim of right is a defence to robbery

Answer 12

Case law:
R v Skivington

Question 13

There must be a connection between the act of stealing and the threat of violence

Answer 13

Case law:
R v Maihi