Assault with intent to Rob (being armed with)

Question 1

Assault with intent to Rob (being armed with) - section and ingredients

Answer 1

Section 236(1)(b) of crimes act - 14 years

1. with intent to rob any person
2. being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
3. assaults that person or any other person

Question 2

what is intent

Answer 2

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

Question 3

R v Mohan on intent

Answer 3

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…

Question 4

R v Waaka on intent

Answer 4

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

Question 5

what is a robbery

Answer 5

1. theft
2. accompanied by violence or threats of violence
3. to any person or property
4. used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 6

what does being armed with mean

Answer 6

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

Question 7

offensive weapon definition under section 202(1) of crimes act

Answer 7

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 8

what is an instrument

Answer 8

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 9

what must be proved with regards to “appearing to be such a weapon or instrument”

Answer 9

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 10

assault definition under section 2 of crimes act

Answer 10

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.