Assault with intent to rob- Being armed with

Question 1

What is the act, section and penalty for assault with intent to rob (Being armed with) ?

Answer 1

S236(1)(b) CA61

14 yrs

Question 2

What the 3 elements?

Answer 2

1- With intent to rob any person
2- Being armed with any offensive weapon
or 
Instrument 
or 
anything appearing to be such a weapon or instrument 
3 - Assaulted that person
or 
any other person

Question 3

Explain with intent to rob

Answer 3

Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result

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

Question 4

Explain being armed with

Answer 4

• The term being armed with means carrying the item or has it available for immediate use as a weapon

Question 5

Explain Offensive weapon?

Answer 5

Offensive weapon- S202A(1) CA61

- Any article made or altered for the use of causing bodily injury or intended by the person having it for such use.

Question 6

Explain instrument?

Answer 6

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

Question 7

Explain anything appearing to be a weapon

Answer 7

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

Question 8

Explain assault

Answer 8

Assault - S2 CA 61
- Intentionally applying or attempting to apply force to a person directly or indirectly, or threatening by any act or gesture to apply such force to the person.