Assault with Intent to Rob Flashcards
Assault with Intent to Rob - Causes GBH
Section and Penalty
Section 236(1)(a) Crimes Act 1961
14 years imp
Assault with Intent to Rob - Causes GBH
Ingredients
With Intent to Rob any Person
Causes GBH
To that person or any other person
Intent
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.
Robbery
Sec. 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
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Causes GBH
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.”
Assault with Intent to Rob - Offensive weapon
Section and Penalty
Section 236(1)(b) Crimes Act 1961
14 years imp
Assault with Intent to Rob - Offensive weapon
Ingredients
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
Being armed with
The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.
Offensive Weapon
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
Instrument
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.
Anything appearing to be such a weapon or instrument
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.
Assault
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.
Person
Gender neutral. Proven circumstantially or by judicial notice
Assault with Intent to Rob - With any other person
Section and Penalty
Section 236(1)(c) Crimes Act 1961
14 years imp
