Assault with Intent to Rob

Question 1

Assault with Intent to Rob - Causes GBH

Section/Penalty/Elements

Answer 1

CA61; S236(1)(a)
14 years imp

1. With intent to rob any person
2. Causes GBH
3. To that person or any other person

Question 2

Robbery - Elements

Answer 2

1. Theft
2. Accompanied by violence OR accompanied by threats of violence
3. To any person or property
4. Used to extort the property stolen OR prevent or overcome resistance to its being stolen

Question 3

Intent

Answer 3

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.

Case law: R v Collister

Question 4

Person

Answer 4

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 5

Causes GBH

Answer 5

Grievous bodily harm can be defined simply as “harm that is really serious.”

Case law: DPP v Smith:“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”

Question 6

Assault with intent to rob - offensive weapon

Section/Penalty/Elements

Answer 6

CA61; S236(1)(b)
14 years imprisonment

1. With intent to rob any person
2. Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
3. Assaults that person or any other person

Question 7

Being armed with

Answer 7

The defendant is carrying the item or has it available for immediate use as a weapon.

Question 8

Offensive Weapon

Answer 8

CA61; S202A(1):

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such a use.

Question 9

Instrument

Answer 9

Any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 10

Anything appearing to be such a weapon or instrument

Answer 10

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.

Question 11

Assault

Answer 11

CA61; S2:

assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose.

Question 12

Person

Answer 12

Gender neutral. Proven circumstantially or by judicial notice

Question 13

Assault with intent to rob - together with any other person

Section/Penalty/Elements

Answer 13

CA61; S236(1)(c)
14 years imprisonment

1. With intent to rob any person
2. Being together with any other person or persons
3. Assaults that person or any other person

Question 14

Being Together With

(Hint: there must be proof that …)

Answer 14

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.

Question 15

R v Galey

Answer 15

“Being together” in the context of S235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

Question 16

R v Joyce

Answer 16

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

Question 17

Physical proximity

(Hint: The term “together with” …)

Answer 17

The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery.

Question 18

Joint enterprise

Answer 18

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

Question 19

Assault with intent to rob

Section/Penalty/Elements

Answer 19

CA61; S236(2)

7 years imprisonment

1. Every one who
2. Assaults any person
3. With intent to rob that person or any other person

S236(2) provides an alternative charge of assault in the course of an attempt at robbery where none of the aggravating features in S235 are present.