Assault with Intent to Rob S236(1)(b) CA61

Question 1

What are the elements to Assault with Intent to Rob S 236(1)(b) CA61

Answer 1

• With intent to Rob any Person
• Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument
• Assaults that person or another person

Question 2

Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:

• The offender’s actions and words before, during and after the event
• Surrounding circumstances
• The nature of the act itself

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 5

Define Robbery S234 CA61

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.

Question 6

Define Accompanied by

Answer 6

The prosecution must prove a connection between the violence or threats of violence and the stealing of the property. It must be shown that the defendant not only had the intent to steal the property at the time the violence or threats of violence was used, but that the purpose of this violence were used for the purposes of extorting the property or preventing or overcoming resistance. The violence or threats usually occur at, or immediately before the time of theft.

Question 7

R v Maihi

Answer 7

It is implicit in accompany that there must be a nexus (Connection or link) between the act of stealing and a threat of violence. Both must be present, however, the term does not require that the act of stealing and the threat of violence contemporaneous

Question 8

Define Violence

Answer 8

In the context of robbery, violence must involve more that a minimal degree of force and more than a technical assault, but nee not involve the infliction of bodily harm.

Question 9

Define Threats of Violence

Answer 9

Threat of violence is the manifestation of an intention to inflict violence. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both

Question 10

Peneha v Police

Answer 10

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 11

Define Person S2 CA61

Answer 11

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 12

Define ‘any person’ regarding Robbery

Answer 12

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.

Question 13

Define Extort

Answer 13

To extort means to obtain by violence, coercion or intimidation or to extract forcibly

Question 14

Define Prevent

Answer 14

Prevent means to keep from happening

Question 15

Define Overcome

Answer 15

Overcome means to defeat, to prevail over, to get the better of in a conflict

Question 16

Define Person S2 CA61

Answer 16

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 17

Define Being Armed with

Answer 17

Being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 18

Define Offensive Weapon

Answer 18

Offensive weapon means any article made or altered for use for causing GBH, or intended by the person having it with him for such use. Also means any article capable of being used for causing bodily injury.

Question 19

Define Instrument

Answer 19

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 20

Define Anything appearing as such

Answer 20

It must be proved that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless that the object was perceived as such. HOWEVER a thing does not include a part of a persons body.

Question 21

Define Assault S2 CA61

Answer 21

Assault S2 CA 61 – Means the act of intentionally applying force or attempting to apply force, directly or indirectly, or threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat

Question 22

Define Person S2 CA61

Answer 22

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 23

Define ‘any person’ regarding Robbery

Answer 23

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.