Liability: Agg-Robbery

Question 1

Agg-Robbery:
Act,penalty,Elements?

Answer 1

CA61 s235(a),(b) or (c)
14 yrs

(a)
Robs
Any person
And at the time of, or immediately before or immediately after the robbery
Causes GBH to any person

(b)
Robs
Any person
Being together with any other person or persons

(c)
Robs
Any person
Being armed with any offensive weapon or instrument or anything appearing to be such an offensive weapon or instrument.

Question 2

What case law would apply to GBH?

Answer 2

Smith:
Bodily harm needs no explanation and “grievous” means no more or no less than really serious.

Question 3

How is the term “Grievous” differentiated from other terms for harm?

Answer 3

Grievous relates to “Degree” of harm rather than the nature of it.

Question 4

Does it matter whether the grievous harm was caused by assault or by some other means?

Answer 4

No. It doesn’t matter how it was caused.

Question 5

Does “Grievous” bodily harm need to be life threatening or permanent?

Answer 5

No.

Question 6

Regarding Agg-Robbery, what case law would apply to “being together with”?

Answer 6

Joyce:
“The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”

Question 7

Agg-Robbery:
What case law best applies to “Joint Enterprise”?

Answer 7

Galey:
“Being together” in the context of s235(b) 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”.

Question 8

Agh-Robbery:
What does “being armed with” mean?

Answer 8

Carrying the item or has is available for immediate use as a weapon

Question 9

Agg-Robbery:
Define “Instrument”

Answer 9

Anything intended to be used as a weapon or to overbear the victims will to resist.

Question 10

Agg Robbery:
What criteria applies for something to appear to be an offensive weapon?

Answer 10

(1) To the victim, must appear to be an offensive weapon
(2) By the defendant, it was intended/reckless that it would be perceived as an offensive weapon.

Question 11

Agg Robbery:
Can a finger pointed like a gun in a jacket pocket be considered “anything appearing to be such a weapon”?
Can a dangerous dog be used as a weapon?

Answer 11

No. A body part attached to the defendant can’t be considered as such.

Yes, a dog can be an offensive weapon.