Aggravated Robbery - together with Flashcards
Agg Robbery (Together with)
Section/Penalty/Elements
S235(b) CA61
14 years imprisonment
1) Being together with any other person
2) Robs
3) Any person
S235(b)
Element 1
Being together with any other person
What case laws and definitions for this element?
Define: Together with
Case laws:
R v Joyce
R v Galey
S235(b)
Element 2
Robs
What case laws and definitions for this element?
Define: robbery (elements)
Case laws:
R v Lapier
R v Skivington
R v Maihi
S235(b)
Element 3
Any Person
What case laws and definitions for this element?
Define: Person
Gender neutral. Proven by JN or CE
Definition:
Being together with any other person
Together with requires two or more people physically present acting together in the commission of the robbery
Case law:
R v Joyce
Two or more people physically present at the time
Case law:
R v Galey
Being together means the two or more persons having common intention to use their combined force
Case law:
R v Lapier
Robbery is complete at the time the property is taken
Case law:
R v Skivington
Claim of right is a defence to robbery
Case law:
R v Maihi
There must be a connection between the act of stealing and the threat of violence, but it need not be contemporaneous
Two or more people physically present at the time
Case law:
R v Joyce
Being together means the two or more persons having common intention to use their combined force
Case law:
R v Galey
Robbery is complete at the time the property is taken
Case law:
R v Lapier
Claim of right is a defence to robbery
Case law:
R v Skivington
There must be a connection between the act of stealing and the threat of violence
Case law:
R v Maihi