Violence - Aggravated Robbery

Question 1

What are the elements of Aggravated Robbery s235(a) CA 1961?

What is the penalty?

Answer 1

Answer:
1. Robs any person

2. And at the time of OR immediately before OR
   immediately after the robbery
3. Causes GBH to any person

Answer:
Max 14 years imprisonment

Question 2

What are the elements of Aggravated Robbery s235(b) CA 1961?

What is the penalty?

Answer 2

Answer:
1. Being together with any other person or persons

2. Robs
3. Any person

Answer:
Max 14 years imprisonment

Question 3

What are the elements of Aggravated Robbery s235(c) CA 1961?

What is the penalty?

Answer 3

Answer:
1. Being armed with any offensive weappon OR
instrument OR anything appearing to be such a
weapon or instrument

2. Robs
3. Any person

Answer:
Max 14 years imprisonment

Question 4

What is the definition of robbery as an element?

Answer 4

Answer:
Robbery is defined as per 234(1) ca 1961
- Theft 
- accompanied by violence or threats of violence
- to any person or property
- used to extort the property stolen or prevent or 
  overcome 
  resistance to it being stolen

Question 5

What is the definition of person?

Answer 5

Answer:

Gender neutral. Proven by judicial notice or circumstantially.

Question 6

What is the definition of “At the time of?”

Answer 6

Answer:

During the commission of the theft, at the time of taking with the required intent

Question 7

What is the definition of “immediately before?”

Answer 7

Answer:

Refers to the connection in time between the robbery and the infliction of grievous bodily harm (GBH)

Question 8

What is the definition of “immediately after?”

Answer 8

Answer:

Refers to the connection in time between the robbery and the infliction of grievous bodily harm (GBH)

Question 9

What is the definition of grievous bodily harm?

Answer 9

Answer:

Grievous bodily harm can be defined simply as harm that is really serious.

Question 10

What is the case law DPP v Smith?

Answer 10

Answer:

“Bodily harm needs no explanation and grievous means no less than really serious”

Question 11

What is the element “being together with” of Aggravated Robbery s235(b) CA 1961?

Answer 11

Answer:
There must be proof that in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 12

What is the case law referring to “being together with?”

Answer 12

Answer: R v Galey
Being together in the context of section s235(b) involves two or more persons having a common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 13

What is the case law referring to two persons being present at the time of the robbery?

Answer 13

Answer: R v 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 14

What is the meaning of the element of s235(c) “being armed with”?

Answer 14

Answer:

Being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon

Question 15

What is the definition of offensive weapon - s202A(1) CA 1961?

Answer 15

Answer:
Any article made or altered for such use for causing bodily injury, or intended by the person having it with him for such use.

Question 16

What is the definition of instrument?

Answer 16

Answer:
The term instrument is not defined by statute but will include any item intended to be used as a weapon or to intimidate and over bear the victims will to resist.

Question 17

What is the definition of “anything appearing to be such a weapon or instrument?”

Answer 17

Answer:
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 18

What must the persons show when “being together with” for a robbery?”

Answer 18

Answer:
- each person must share an intent to steal using their
collective force should that be necessary

• each must play some active role in the robbery

Question 19

Can a person who uses his fingers to simulate the possession of a firearm commit an aggravated robbery?

Does a “thing” in relation to an element of s235(c) include a part of a person’s body?

Answer 19

Answer:
No. A person who uses his fingers to simulate the possession of a firearm is not armed with any “thing” and does not commit an aggravated robbery.

Answer:
No. A body part is not included in the definition of a “thing”

Question 20

Can a dog be used as a weapon?

Answer 20

Answer:

Yes. It has been held in Canada and Australia that a dog may be used as a weapon.