Liability 236(1)(a) Flashcards

1
Q

Assault with Intent to Rob

Section and Penalty

A

Section 236(1)(a) Crimes Act 1961

14 Years Imprisonment

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2
Q

Assault with Intent to Rob

Ingredients

A

.1 With intent to rob any person

.2 Causes GBH

.3 To that person
OR
Any other person

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3
Q

.1 With intent to rob any person

A

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

_____

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. Proved by judicial notice or circumstantial evidence.

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4
Q

.2 Causes GBH

A

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

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5
Q

.3 To that person

OR

Any other person

A

Gender neutral. Proved by judicial notice or circumstantial evidence.

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