Assault with Intent to Rob (b) Flashcards
Assault with Intent to Rob (b)
Section 236 (1) (b) Crimes Act 1961
Penalty
14 years
Elements
- 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
Intent
In a criminal law context 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
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 Section 234 (1) Crimes Act 1961
Person
Gender Neutral. Proven by judicial note or circumstantially.
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
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use.
Instrument
Not defined by statute. Will include any item intended to be used as a weapon or to intimidate and overbear the victims 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
Assaults 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.
Section 2, Crimes Act 1961
