Aggravated Robbery - S235(b)

Question 1

Agg Robbery (Together with)

Section/Penalty/Elements

Answer 1

S235(b) CA61

14 years imprisonment

1) Being together with any other person
2) Robs
3) Any person

Question 2

S235(b)
Element 1
Being together with any other person
What case laws and definitions for this element?

Answer 2

Define: Together with

Case laws:
R v Joyce
R v Galey

Question 3

S235(b)
Element 2
Robs
What case laws and definitions for this element?

Answer 3

Define: robbery (elements)

Case laws:
R v Lapier
R v Skivington
R v Maihi

Question 4

Definition:
Being together with any other person

Answer 4

Together with requires two or more people physically present acting together in the commission of the robbery

Question 5

Case law:
R v Joyce

Answer 5

Two or more people physically present at the time

Question 6

Case law:
R v Galey

Answer 6

Being together means the two or more persons having common intention to use their combined force

Question 7

Robbery defintion (elements)

Answer 7

S234(1) CA61

1) Theft
2) Accompanied by violence
OR
threats of violence
3) To any person or property
4)Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen

Question 8

Case law:
R v Lapier

Answer 8

Robbery is complete at the time the property is taken

Question 9

Case law:
R v Skivington

Answer 9

Claim of right is a defence to robbery

Question 10

Case law:
R v Maihi

Answer 10

There must be a connection between the act of stealing and the threat of violence