Liability 235(c) Flashcards
Aggravated Robbery
Section and Penalty
Section 235(c) Crimes Act 1961
14 Years Imprisonment
Aggravated Robbery
Ingredients
.1 Being armed with any offensive weapon OR Instrument OR Anything appearing to be such a weapon or instrument
.2 Robs
.3 Any person
.1 Being armed with any offensive weapon
OR
Instrument
OR
Anything appearing to be such a weapon or instrument
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.
.2 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
.3 Any person
Person:
Gender neutral, proven by judicial notice and circumstantial evidence.