Assault with intent to Rob

Question 1

Assault with Intent to Rob - Causes GBH

Section, penalty, ingredients

Answer 1

Assault with Intent to Rob - Causes GBH
Section 236(1)(a) Crimes Act 1961
14 years imprisonment

With Intent to Rob any Person

Causes GBH

To that person or any other person

Question 2

Robbery

Answer 2

Section 234(1), Crimes Act 1961
Theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to it being stolen

Question 3

Causes GBH

Answer 3

Grievous bodily harm can be defined simply as “harm that is really serious.”DPP v Smith”Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”

Question 4

Assault with Intent to Rob - Offensive weapon

Section, penalty, ingredients

Answer 4

Assault with Intent to Rob - Offensive weapon
Section 236(1)(b) Crimes Act 1961
14 years imprisonment

With intent to rob any person

Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument

Assaults that person or any other person

Question 5

Being armed with

Answer 5

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 6

Offensive Weapon

Answer 6

Sec 202A(1) Crimes Act 1961Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

Question 7

Instrument

Answer 7

The term “instrument” is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 8

Anything appearing to be such a weapon or instrument

Answer 8

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 9

Assault

Answer 9

Sec. 2, Crimes Act 1961

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 has, present ability to effect his purpose; and to assault has a corresponding meaning.

Question 10

Assault with Intent to Rob - With any other person

Section, penalty, ingredients

Answer 10

Assault with Intent to Rob - With any other person
Section 236(1)(c) Crimes Act 1961
14 years imprisonment

With intent to rob any person

Being together with any other person or persons

Assaults that person or any other person

Question 11

Being together with

Answer 11

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 12

R v Joyce

Answer 12

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