Assault with intent to rob- Being together with

Question 1

What is the act, section and penalty?

Answer 1

S236(1)(c) CA61

14 yrs

Question 2

What the 3 elements

Answer 2

1- With intent to rob any person
2- Being together with any other person or persons
3- Assaults that person or any other person

Question 3

Explain with intent to rob

Answer 3

Intent
- There are two specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result

Robbery -S234(1) CA61
- Theft accompanied by violence or threat of violence to any person or property used to extort the property being stolen or prevent or overcome resistance to it being stolen

Person
- Gender neutral proven by judicial notice or circumstantial evidence

Question 4

Explain being together with plus the case law

Answer 4

Together with
- There must be proof that in committing the robbery the defendant was part of a joint enterprise by two or more people who were physically present at the robbery

R v Galey
- 2 or more people having the common intention to use their combined force, in any event or as circumstances might require directly in committing the crime

R v Joyce
- The crown must prove that at less 2 people were physically present when the robbery was committed or the assault occurred.

Question 5

Explain assault

Answer 5

Assault: S2 CA 61
-Assault means the act of intentionally applying or attempting to apply force to a person directly or indirectly, or threatening by any act or gesture to apply such force to the person.