Assault with intent to rob- Being armed with Flashcards Preview

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Flashcards in Assault with intent to rob- Being armed with Deck (8)
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1
Q

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

A

S236(1)(b) CA61

14 yrs

2
Q

What the 3 elements?

A
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
3
Q

Explain with intent to rob

A

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

4
Q

Explain being armed with

A
  • The term being armed with means carrying the item or has it available for immediate use as a weapon
5
Q

Explain Offensive weapon?

A

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.

6
Q

Explain instrument?

A

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

7
Q

Explain anything appearing to be a weapon

A

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

8
Q

Explain assault

A

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.

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