Liability 236(1)(b)

Question 1

Assault with Intent to Rob

Section and Penalty

Answer 1

Section 236(1)(b) Crimes Act 1961

14 Years Imprisonment

Question 2

Assault with Intent to Rob

Ingredients

Answer 2

.1 With intent to rob any person

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

.3 Assaults that person
OR
Any other person

Question 3

.1 With intent to rob any person

Answer 3

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.

Question 4

.2 Being armed with any offensive weapon

OR

Instrument

OR

Anything appearing to be such a weapon or instrument

Answer 4

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.

Question 5

.2 Assaults that person

OR

Any other person

Answer 5

Assault:
Act of intentionally or attempting to apply force to the person of another, directly or indirectly, or threatening by any acts or gestures to apply such force to the person of another. If the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to affect his purpose.
Sec. 2, Crimes Act 1961

_____

Person:
Gender neutral. Proved by judicial notice or circumstantial evidence.