Robbery * General Principles * Robbery with HOMICIDE * Robbery with RAPE * Robbery in BAND
GENERAL PRINCIPLES – taking of another’s Personal Property – with Intent to GAIN – with VIOLENCE, INTIMIDATION vs Person(s) – using Force against Anything; Robbery with HOMICIDE, RAPE, Intentional Mutilation, Arson, Serious & less Serious Physical Injuries, Unnecessary Violence, Intimidation or Physical Injury, Other Violence or Intimidation; UNLAWFUL TAKING without the Owner’s Consent – POSSESSION;
Special Complex Crime – Robbery with HOMICIDE – robbery as the ORIGINAL Criminal Design – Homicide happen by reason or on the occasion of the Robberty – INTENT to commit Robbery ahead of the killing – Homicide may be before, during and after the Robbery, without the circumstances of the killing – No Felony of Robbery with Homicide THROUGH RECKLESS IMPRUDENCE – Robbery as DOLO cannot evolve from CULPA as criminal negligence – Absence of Care cannot result into DOLO as Robbery – the DEATH (Homicide) exists in Robbery with HOMICIDE despite mere accident happening, the Homicide Victim, including one of the Robbers, is not the Robbery Victim, 2 or more persons are killed and the killing happens with rape, intentional mutilation or usurpation of authority – the FACT that there was KILLING brings about the Simple Complex Crime of Robbery with HOMICIDE – “HOMICIDE” has a broader criminal meaning in the Complex Crime to include MURDER, PARRICIDE and Infanticide so no need to change the Offense into Robbery with Murder – Proof beyond reasonable doubt about the property robbed was taken away, abandoned, thrown away, destroyed of even when the Owner recovered the same no longer requires the property to be presented in Court – the PRINCIPALs in the Robbery would likewise be Principals in the Complex Crime of Robbery with HOMICIDE, even when they did not participate in the KILLING because the Crime is single and indivisible except when a Robber tried to prevent the killing so he becomes liable only for the Robbery – All the CONSPIRATORS to commit Robbery with Homicide are PRINCIPALS even when they did not gain from the robbery;
Robbery with UNLICENSED FIREARM – Robbery with Homicide is penalized with Death when there is one aggravating circumstance – the Use of an Unlicensed Firearm in the Complex Crime is aggravating circumstance that brings about the DEATH Penalty.
Robbery with RAPE – The Offender’s INTENT to ROB is ahead of the Rape as an afterthought or was an opportunity during the robbery. But the Offenses are separate as RAPE and ROBBERY when the Original INTENT was Rape and the robbery came out as an opportunity when Rape was committed.
Robbery in BAND – of more than THREE ARMED Men – a member of the BAND is PRINCIPAL when present during the Robbery unless he attempted to prevent the robbery – the use of an Unlicensed Firearm by the BAND brings up DEATH as the Penalty on ALL members of the BAND in addition to any criminal liability for Illegal Possession of Unlicensed Firearm.
BRIGANDADGE is robbery of carabaos and other personal property in the highway or the countryside of THREE or MORE persons forming a BAND of robbers;
source
Property and Financial Crimes
Criminal Law – ROBBERY – Crimes against PROPERTY – Dean Joe-Santos Balagtas Bisquera
- by Joe-Santos Balagtas Bisquera
- July 3, 2024
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- 2 days ago
28 Comments