Assault with Intent to Rob S236(1)(a) CA61

Question 1

What are the elements to Assault with Intent to Rob S236(1)(a) CA61

Answer 1

• With intent to Rob any person
• Causes GBH to that person or any other person

Question 2

Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:

• The offender’s actions and words before, during and after the event
• Surrounding circumstances
• The nature of the act itself

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 5

Define Robbery S234 CA61

Answer 5

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 6

Define Accompanied by

Answer 6

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 7

R v Maihi

Answer 7

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 8

Define Violence

Answer 8

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 9

Define Threats of Violence

Answer 9

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 10

Peneha v Police

Answer 10

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 11

Define Person S2 CA61

Answer 11

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 12

Define ‘any person’ regarding Robbery

Answer 12

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 13

Define Property S2 CA61

Answer 13

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 14

Define Extort

Answer 14

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

Question 15

Define Prevent

Answer 15

Prevent means to keep from happening

Question 16

Define Overcome

Answer 16

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

Question 17

Define Person S2 CA61

Answer 17

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 18

Define Causes

Answer 18

In this context a person causes GBH if his/her actions make him/her criminally responsible for it

Question 19

Define GBH

Answer 19

Grievous bodily harm simply means “ Harm that is really serious”. This section does not specify the manner in which the harm is caused and there is no reference to violence, therefore it is not necessary to prove an assault in all cases. Grievous refers to the degree of harm rather than the nature of how it was caused and as long as the harm is serious, it doesn’t need to involved life threatening or permanent injury

Question 20

DPP v Smith

Answer 20

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

Question 21

R v Donovan

Answer 21

Bodily Harm…..includes any hurt or injury calculated to interfere with the health or comfort of the victim….it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Question 22

Define Person S2 CA61

Answer 22

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 23

Define ‘any person’ regarding Robbery

Answer 23

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.