Aggravated Robbery - Offensive Weapon Flashcards

1
Q

Aggravated Robbery - offensive weapons
S235(c) CA61
14 years imprisonment

A
  • Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
  • Robs
  • Any other person
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2
Q

Aggravated Robbery - offensive weapons
S235(c) CA61
14 years imprisonment

A
  • Being armed with any offensive weapon OR instrument OR anything appearing to be such a weapon or instrument
  • Robs
  • Any other person
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3
Q

Define ‘being armed’

A

The defendant is carrying the item or has it available for immediate use as a weapon.

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4
Q

Define ‘offensive weapon’

A

An article made or altered for the use of causing bodily injury or intended by the person having it with him for such a use.

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5
Q

Define ‘anything appearing to be such a weapon or instrument’

A

It must be proved both 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.

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6
Q

Define Instrument

A

Not defined by statute but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

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