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010 CIB Violence Offences > Assault with intent to Rob > Flashcards

Assault with intent to Rob Flashcards

1
Q

Assault with Intent to Rob - Causes GBH

Section and Penalty

A

Section 236(1)(a) Crimes Act 1961

14 years imp

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2
Q

Assault with Intent to Rob - Causes GBH

Ingredients

A

With Intent to Rob any Person

Causes GBH

To that person or any other person

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3
Q

Intent

A

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.

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4
Q

Robbery

A

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 toits being stolen

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5
Q

Person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

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6
Q

Causes GBH

A

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.”

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7
Q

Assault with Intent to Rob - Offensive weapon

Section and Penalty

A

Section 236(1)(b) Crimes Act 1961

14 years imp

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8
Q

Assault with Intent to Rob - Offensive weapon

Ingredients

A

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

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9
Q

Being armed with

A

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

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10
Q

Offensive Weapon

A

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

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11
Q

Instrument

A

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.

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12
Q

Anything appearing to be such a weapon or instrument

A

1) The object appeared to be an offensive weapon or instrument to the victim, and
2) the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

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13
Q

Assault

A

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.

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14
Q

Person

A

Gender neutral. Proven circumstantially or by judicial notice

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15
Q

Assault with Intent to Rob - With any other person

Section and Penalty

A

Section 236(1)(c) Crimes Act 1961

14 years imp

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16
Q

Assault with Intent to Rob - With any other person

Ingredients

A

With intent to rob any person

Being together with any other person or persons

Assaults that person or any other person

17
Q

Being together with

A

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.

18
Q

R v Joyce

A

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

19
Q

Assault with Intent to Rob - Causes GBH liability

A 
With intent to rob any person
- intent
- Robbery liability
- person meaning
Causes GBH 
- GBH meaning
- DPP v Smith
To that person or any other person
- Person meaning
20
Q

Assault with intent to Rob - Offence Weapon liability

A 
With intent to rob any person
- Intent
- Robbery liability
- Person meaning
Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
- Being armed meaning 
Offensive weapon/Instrument/ appearing meaning
Assaults that person or any other person
- Assault meaning
- Person meaning
21
Q

Assault with intent to Rob - Together liability

A 
With intent to rob any person
- intent meaning
- Robbery liability
- Person meaning
Being together with any other person or persons
- Being together meaning
- R v Joyce
Assaults that person or any other person
- Assaults meaning
- Person meaning
22
Q

Assault with intent to rob S.236(2)

A 
7yrs 
Assaults
-assault meaning
Any Person
-person meaning
With intent to rob
-intent
-robbery liability
That person or any other person
-person meaning

010 CIB Violence Offences (24 decks)

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