Assault with intent to rob- Being together with Flashcards

1
Q

What is the act, section and penalty?

A

S236(1)(c) CA61

14 yrs

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2
Q

What the 3 elements

A

1- With intent to rob any person
2- Being together with any other person or persons
3- Assaults that person or any other person

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3
Q

Explain with intent to rob

A

Intent
- There are two 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 threat of violence to any person or property used to extort the property being stolen or prevent or overcome resistance to it being stolen

Person
- Gender neutral proven by judicial notice or circumstantial evidence

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4
Q

Explain being together with plus the case law

A

Together with
- There must be proof that in committing the robbery the defendant was part of a joint enterprise by two or more people who were physically present at the robbery

R v Galey
- 2 or more people having the common intention to use their combined force, in any event or as circumstances might require directly in committing the crime

R v Joyce
- The crown must prove that at less 2 people were physically present when the robbery was committed or the assault occurred.

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5
Q

Explain assault

A

Assault: S2 CA 61
-Assault means the act of 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.

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