Assault with Intent to Rob

Question 1

Assault with Intent to Rob - Causes GBH

Section and Penalty

Answer 1

Section 236(1)(a) Crimes Act 1961

14 years imp

Question 2

Assault with Intent to Rob - Causes GBH

Ingredients

Answer 2

With Intent to Rob any Person

Causes GBH

To that person or any other person

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.

Question 4

Robbery

Answer 4

• 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
its being stolen.

Sec. 234(1), Crimes Act 1961

Question 5

Person

Answer 5

Gender neutral. Proven circumstantially or by judicial notice.

Question 6

Causes GBH

Answer 6

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 7

Assault with Intent to Rob - Offensive weapon

Section and Penalty

Answer 7

Section 236(1)(b) Crimes Act 1961

14 years imp

Question 8

Assault with Intent to Rob - Offensive weapon

Ingredients

Answer 8

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 9

Being armed with

Answer 9

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

Question 10

Offensive Weapon

Answer 10

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

Question 11

Instrument

Answer 11

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 12

Anything appearing to be such a weapon or instrument

Answer 12

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 13

Assault

Answer 13

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.
Sec. 2, Crimes Act 1961

Question 14

Person

Answer 14

Gender neutral. Proven circumstantially or by judicial notice

Question 15

Assault with Intent to Rob - With any other person

Section and Penalty

Answer 15

Section 236(1)(c) Crimes Act 1961

14 years imp

Question 16

Assault with Intent to Rob - With any other person

Ingredients

Answer 16

With intent to rob any person

Being together with any other person or persons

Assaults that person
or
Any other person

Question 17

Being together with

Answer 17

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 18

R v Joyce

Answer 18

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

Question 19

Demanding with menaces

Section and penalty

Answer 19

239(2) CA 1961

7 years imprisonment

Question 20

Demanding with menaces elements

Answer 20

1. With menaces or by any threat
2. Demands any property from any persons
3. With intent to steal it

Question 21

R v Heard

Answer 21

The form of words used for a demand does not matter. Demand is a strong word, but…a demand does not have to be couched in abusive terms, so long as it is clear that it is a request for something.