Assault with intent to rob Flashcards
Section
236(1)(b)
Ingrediants
1 -With intent to rob any person
2-Being armed with an offensive weapon
3- Assaulted that person or any other person
1- With intent to rob any person
A person does something intentionally if they mean to do it they desire a specific result and act with aim or purpose of achieving it.
R V Mohan
R V Wakka
Robbery - Sect 234(1) CA61
Theft
accompanied by violence or threats of violence
to any person or property
used to extort the property stolen or to prevent or overcome its resistance to being stolen
Person
Gender neutral - proven circumstantially or by judicial notice
2 Being armed with any offensive weapon
Being armed with
The term being armed with means that the defendant is carrying the item or has available for immediate use
Offensive weapon Sec 202A(1)CA 61
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use.
Assaults that person or any other person
Assault sec 2 CA 61
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly or threaten 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.