Assault with intent to Rob (being together with) (being together with)

Question 1

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

Answer 1

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

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 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 proof is required for “being together with”

Answer 6

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.

Question 7

R v Joyce on “being together”

Answer 7

‘Being together’ require two or more people acting (physically present together) in the commission of an offence.

Question 8

Assault definition under section 2 of crimes act

Answer 8

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.