Aggravated Robbery - Together With

Question 1

Section and penalty

Answer 1

S235(b) CA61

14 years imprisonment

Question 2

Ingredients

Answer 2

1) Being together with any other person or persons
2) Robs
3) Any Person

Question 3

Being Together With

Answer 3

There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Each must share an intent to steal using their collective force should that be necessary and each must play some active role in the robbery

Question 4

R v Galey

Being together….

Answer 4

Being together in the context of Sec 235 (b) involves two or more persons having a common intention to use combined force either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 5

R v Joyce

Crown must establish…

Answer 5

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

Question 6

Robs

Answer 6

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 7

Any Person

Answer 7

Gender neutral proven by judicial notice or circumstantial evidence.

Question 8

Joint enterprise

Answer 8

Mere presence during the commission of robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more people acting together are deployed against the victim in the actual commission of the offence.