Assault with Intent to Rob - S236

Question 1

Assault with Intent to Rob - Causes GBH

Section/Penalty/Elements

Answer 1

CA61; S236(1)(a)
14 years imp

1) With intent to rob any person
2) Causes GBH
3) To that person or any other person

Question 2

Assault with Intent to Rob - Offensive Weapon

Section/Penalty/Elements

Answer 2

CA61; S236(1)(b)
14 years imp

1) With intent to rob any person
2) Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
3) Assaults that person or any other person

Question 3

Assault with Intent to Rob - Together With

Section/Penalty/Elements

Answer 3

CA61; S236(1)(c)
14 years imp

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

Assault with Intent to Rob - Causes GBH
S236(1)(a)

What case laws and definitions for this liability for each element?

Answer 4

1) With intent to rob any person
- Intent Define = Deliberate act to get a specific result.
- Intent Case law = R v Collister
- Robbery = Define S234 = 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.
- Any person = JN/CE, Gender neutral.

2) Causes GBH
- Case law: DPP v Smith

3) To that person or any other person

Question 5

Assault with Intent to Rob - Offensive Weapon
S236(1)(b)

What case laws and definitions for this liability for each element?

Answer 5

1) With intent to rob any person
- Intent Define = Deliberate act to get a specific result.
- Intent Case law = R v Collister
- Robbery = Define S234 = 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.
- Any person = JN/CE, Gender neutral.
​
2) Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
- Define: Armed = carrying the item or having it available for immediate use
- Define: offensive weapon S202A
- Case law: R v Bentham
​
3) Assaults that person or any other person

Question 6

Assault with Intent to Rob - Together with
S236(1)(c)

What case laws and definitions for this liability for each element?

Answer 6

1) With intent to rob any person
- Intent Define = Deliberate act to get a specific result.
- Intent Case law = R v Collister
- Robbery = Define S234 = 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.
- Any person = JN/CE, Gender neutral.
​
2) Being together with any other person or persons
- Define: Together with = Together with requires two or more people physically present acting together in the commission of the robbery
- Case laws: R v Joyce, R v Galey

3) Assaults that person or any other person

Question 7

Case law:
R v Collister

Answer 7

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 8

Case Law:
DPP v Smith

Answer 8

DPP v Smith:
GBH means really serious harm

Note: Causes GBH

Question 9

Define
Offensive Weapon

Answer 9

S202A CA1961
any item capable of being used for bodily injury

Question 10

Case law:
R v Bentham

Answer 10

A persons hand/fingers is not a thing

Question 11

Case law:
R v Joyce

Answer 11

Two or more people physically present at the time

Question 12

Case law:
R v Galey

Answer 12

Being together means the two or more persons having common intention to use their combined force