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HAWJIC 10.27
ROBBERY IN THE FIRST DEGREE – ARMED WITH DANGEROUS
Hawaiʻi Pattern Jury Instructions — Criminal · Revised 10/07/08 · compendium p. 566
Statutes:§708-840
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Robbery in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant was in the course of [committing theft] [taking a motor vehicle without consent]; and
2. That [, while doing so,] the Defendant was
[intentionally] armed with a dangerous instrument; and
3. That [, while doing so,] the Defendant used force against the person of anyone present with intent to overcome that person’s physical resistance or physical power of resistance.
[A person commits theft if he/she obtains or exerts unauthorized control over the property of another with intent to deprive the person of the property.] An act shall be deemed “in the course of [committing a theft] [taking of a motor vehicle without consent]” if it occurs in an attempt to [commit theft] [take a motor vehicle without consent,] or in the flight after the attempt or commission.
“Dangerous instrument” means any firearm, or other weapon, whether loaded or not, or whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.
ROBBERY IN THE FIRST DEGREE – ARMED WITH DANGEROUS INSTRUMENT AND USE OF FORCE: H.R.S. § 708-840(1)(b)(i) (Applicable to offenses occurring on or after June 22, 2006)
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant’s name), is charged with the offense of Robbery in the First Degree. A person commits the offense of Robbery in the First Degree if, in the course of [committing theft] [taking a motor vehicle without consent], he/she is armed with a dangerous instrument, and he/she uses force against the person of anyone present with intent to overcome that person’s physical resistance or physical power of resistance.
There are three material elements of the offense of Robbery in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant was in the course of [committing theft] [taking a motor vehicle without consent]; and
2. That [, while doing so,] the Defendant was
[intentionally] armed with a dangerous instrument; and
3. That [, while doing so,] the Defendant used force against the person of anyone present with intent to overcome that person’s physical resistance or physical power of resistance.
[A person commits theft if he/she obtains or exerts unauthorized control over the property of another with intent to deprive the person of the property.] An act shall be deemed “in the course of [committing a theft] [taking of a motor vehicle without consent]” if it occurs in an attempt to [commit theft] [take a motor vehicle without consent,] or in the flight after the attempt or commission.
“Dangerous instrument” means any firearm, or other weapon, whether loaded or not, or whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.
Notes H.R.S. §§ 708-840(1)(b)(i) and (2), 708-842, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by HRS Chapter 708, see instructions: For statutory defense to theft, see instruction 10.11A.
Verify against the current official HAWJIC compendium.