Liability 235(b) Flashcards
Aggravated Robbery
Section and Penalty
Section 235(b) Crimes Act 1961
14 Years Imprisonment
Aggravated Robbery
Ingredients
.1 Being together with any other person
OR
Persons
.2 Robs
.3 Any person
.1 Being together with any other person
OR
Persons
Being together with:
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.
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Being together involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.
R v Galey
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v Joyce
Robs
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
Any person
Person:
Gender neutral, proven by judicial notice and circumstantial evidence.