Liability 235(c) Flashcards

1
Q

Aggravated Robbery

Section and Penalty

A

Section 235(c) Crimes Act 1961

14 Years Imprisonment

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2
Q

Aggravated Robbery

Ingredients

A
.1 Being armed with any offensive weapon
OR
Instrument
OR
Anything appearing to be such a weapon or instrument

.2 Robs

.3 Any person

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3
Q

.1 Being armed with any offensive weapon

OR

Instrument

OR

Anything appearing to be such a weapon or instrument

A

Being armed with:
Means the defendant is carrying the item or has it available for immediate use as a weapon.

_____

Offensive Weapon:
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
Sec. 202A(1), Crimes Act 1961

OR

Instrument:
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.

OR

Anything appearing to be such a weapon or instrument:
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 as to the possibility that it would be perceived as a weapon.

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4
Q

.2 Robs

A

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

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5
Q

.3 Any person

A

Person:

Gender neutral, proven by judicial notice and circumstantial evidence.

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