Assault with Intent to Rob (c)

Question 1

Assault with Intent to Rob (c)

Answer 1

Section 236 (1) (c), Crimes Act 1961

Question 2

Penalty

Answer 2

14 year

Question 3

Elements

Answer 3

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 4

Intent

Answer 4

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.

Question 5

Robbery

Answer 5

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

Question 6

Person

Answer 6

Gender Neutral. Proven by judicial note or circumstantially.

Question 7

Being together with

Answer 7

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 8

R v Joyce

Answer 8

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

Question 9

Assault

Answer 9

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