Aggravated Robbery - (two or more persons) Flashcards
Section
Sec 235 (b) Crimes Act 1961
Penalty
14 years imprisonment
Ingredients
1) Being together with any other persons
2) Robs
3) Any Person
Being Together With
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.
R v Joyce
Crown must establish that at least two persons were physically present at the time of the robbery was committed or assault occurred.
R v Galey
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.
Person
Gender neutral proven by judicial notice or circumstantial evidence.
Robs
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.
Any Person
Gender neutral proven by judicial notice or circumstantial evidence.