Assault with Intent to Rob S236(1)(c) CA61 Flashcards
What are the elements to S236(1)(c) CA61
- With intent to Rob any person
- Being together with any other person or persons
- Assault that person or any other person.
Define Being together with
There must be evidence that the defendant was part of a joint enterprise by two or more persons, physically present at the robbery. Each must share the intent to steal using their collective force, and each must play some active role in the robbery
R v Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v Galey
Being together in the context of S235(b) CA61 involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.