Where an accused pleads guilty to robbery under s 392 of the Criminal Code (WA) but denies a circumstance of aggravation, the disputed circumstance is tried by the judge, not a jury. Being 'armed' for the purposes of s 392(c) does not require actual physical possession of the weapon; it is sufficient that the weapon is within the offender's power or possession and available for use. Section 7 of the Code (parties to offences) cannot be used to attribute a co-offender's being armed as a circumstance of aggravation against the accused.
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