Aggravated robbery (weapon)

Question 1

Section

Answer 1

Section 235(c), Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) Being armed with any offensive weapon OR instrument Or Anything appearing to be such a weapon or instrument
2) Robs
3) Any person

Question 4

Elements of “being armed with”

Answer 4

• The Defendant is carrying the item or

- has it available for the immediate use as a weapon

Question 5

What defines an “offensive weapon

a) Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
b) Any article made and intended to cause bodily injury
c) Any item in the defendant possession that can cause bodily harm

Answer 5

a)

Question 6

True or false

Instrument means is defined by statute and can be anything?

Answer 6

False
It is 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.

Question 7

What must “anything appearing to be such a weapon or instrument” prove ?

Answer 7

• That the object appeared to be an offensive weapon or instrument to the victim
• The defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon,