Assault with Intent to Rob (causes GBH) Flashcards
Assault with intent to rob - section and ingredients
Section 236(1)(a) of crimes act - 14 years
- with intent to rob any person
- causes GBH
- to that person or any other person
what is intent
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.
R v Mohan on intent
A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…
R v Waaka on intent
A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.
what is a robbery
- theft
- accompanied by violence or threats of violence
- to any person or property
- used to extort the property stolen OR prevent or overcome resistance to it being stolen
what is GBH
Grievous bodily harm can be defined simply as “harm that is really serious.”
DPP v Smith on bodily harm and grievous
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”