Aggravated Robbery - (With Weapon) Flashcards
Act and section
Sec 235 (c) Crimes Act 1961
Penalty
14 Years Imprisonment
Ingredients
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
Being armed
The defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon - Sec 202A (1) Crimes Act 1961
An article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.
Instrument
Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
Anything appearing as such
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
Case law:
R v Bentham
A “thing” does no include a part of a person’s body.
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.
What are 3 classes of offensive weapon in relation to 235(c)
1) Items made solely for the purpose of attacking or inflicting injury - Guns, swords and knuckle dusters.
2) Items that may otherwise have innocent purpose but have been altered - broken glass bottle
3) Items intended to cause injury carried out by the defendant for that purpose- baseball bat or knife
Case law:
R v Broughton
A threats of violence is the manifestation of an intention to inflict violence unless money or property is handed over
Extort
The threats induced to the victim cause them to part with their property
