Aggravated Robbery S235(c) CA61

Question 1

What are the elements to Agg Robbery S235(c) CA61

Answer 1

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

Question 2

Define Being armed with

Answer 2

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

Question 3

Define Offensive Weapon

Answer 3

Offensive weapon means any article made or altered for use for causing GBH, or intended by the person having it with him for such use. Also means any article capable of being used for causing bodily injury.

Question 4

Define Instrument

Answer 4

The term instrument is 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.

Question 5

Define “Anything appearing to be such”

Answer 5

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 that the object was perceived as such. HOWEVER a thing does not include a part of a persons body.

Question 6

Define Robbery S234 CA61

Answer 6

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 its being stolen.

Question 7

Define Accompanied by

Answer 7

The prosecution must prove a connection between the violence or threats of violence and the stealing of the property. It must be shown that the defendant not only had the intent to steal the property at the time the violence or threats of violence was used, but that the purpose of this violence were used for the purposes of extorting the property or preventing or overcoming resistance. The violence or threats usually occur at, or immediately before the time of theft.

Question 8

R v Maihi

Answer 8

It is implicit in accompany that there must be a nexus (Connection or link) between the act of stealing and a threat of violence. Both must be present, however, the term does not require that the act of stealing and the threat of violence contemporaneous

Question 9

Define Violence

Answer 9

In the context of robbery, violence must involve more that a minimal degree of force and more than a technical assault, but nee not involve the infliction of bodily harm.

Question 10

Define Threats of Violence

Answer 10

Threat of violence is the manifestation of an intention to inflict violence. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both

Question 11

Peneha v Police

Answer 11

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 12

Define Person S2 CA61

Answer 12

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 13

Define ‘any person’ regarding Robbery

Answer 13

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.

Question 14

Define Property S2 CA61

Answer 14

Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right of interest.

Question 15

Define Extort

Answer 15

To extort means to obtain by violence, coercion or intimidation or to extract forcibly

Question 16

Define Prevent

Answer 16

Prevent means to keep from happening

Question 17

Define Overcome

Answer 17

Overcome means to defeat, to prevail over, to get the better of in a conflict

Question 18

Define Person S2 CA61

Answer 18

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 19

Define ‘any person’ regarding Robbery

Answer 19

Violence may be directed at anyone, not just the victim of theft. It is therefore not necessary that the robbery or GBH be committed on the same person.