Agg Robbery- Being armed with Flashcards Preview

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Flashcards in Agg Robbery- Being armed with Deck (7)
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1
Q

what is the act, section and penalty for agg rob with weapon

A

Aggravated robbery
S235(c) CA61
14 yrs

2
Q

What the 3 elements

A

1- Being armed with any offensive weapon
or
instrument
or
anything appearing to be such a weapon or instrument

2- Robs

3- Any person

3
Q

What needs to be covered for “being armed with”.

After this then decide is it an offensive weapon or instrument or appearing anything to be one

A

Being armed with
- Being armed with means carrying the item or has it available for immediate use as weapon

Offensive weapon-S202A(1) CA 61
- Any article made or alter for the use of causing bodily harm or intended by the person having it for such use

4
Q

What the definition of INSTRUMENT

A

Instrument

- Any item intended to be used as a weapon or intimidate and overbear the victim

5
Q

Explain anything appearing to be a weapon

A

Anything appearing to be a weapon
- It must be proven that the object appeared to be an offensive weapon or instrument, and the defendant intended or was reckless whether it would be seen as a weapon.

6
Q

Explain robbery?

A

Robbery - S234(1) CA61
- Theft accompanied by violence or threats of violence to any person or property used to extort the property or prevent or overcome resistance to it being stolen

7
Q

Person

A

Person -S2 CA61

- Gender neutral proven by judicial notice or circumstantial evidence.

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