Liability 235(a) Flashcards
Aggravated Robbery
Section and Penalty
Section 235(a) Crimes Act 1961
14 Years Imprisonment
Aggravated Robbery
Ingredients
.1 Robs any person
.2 And at the time of OR Immediately before OR Immediately after the robbery
.3 Causes GBH to any person
.1 Robs any person
Robbery:
- 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 it being stolen.
Sec. 234(1), Crimes Act 1961
_____
Person:
Gender neutral, proven by judicial notice and circumstantial evidence.
.2 And at the time of
OR
Immediately before
OR
Immediately after the robbery
At the time of:
During the commission of the theft, at the time of taking with the required intent.
OR
Immediately before:
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
OR
Immediately after:
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
.3 Causes GBH to any person
Grievous bodily harm can be defined simply as “harm that is really serious”.
_____
“Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”.
DPP v SMITH
_____
Person:
Gender neutral, proven by judicial notice and circumstantial evidence.