What is the actus reus for robbery?
The crime of robbery involves (1) the taking of the property of another (2) from his or her person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive them of it permanently.
What is the mens rea element of robbery?
The mens rea requirement is premised upon the idea that one must possess a guilty state of mind and be aware of his or her misconduct; however, a defendant need not know that their conduct is illegal to be guilty of a crime.
How do actus reus and mens rea relate to crime?
Mens rea involves what the offender is thinking or feeling that led to the commission of a crime, while actus reus involves the physical action that the offender performs that leads to the commission of the crime (or failure to act/omission).
What type of crime is robbery?
Robbery is the unlawful taking of property from another by force or threat of force. Without force or threat of force, robbery has not occurred. Theft is a broad, catchall term that includes all crimes of stealing, plus burglary and robbery.
What is the article of robbery?
A: Theft. Article 293 of the Revised Penal Code defines robbery as a crime committed by “any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything.”
What is the two types of robbery?
Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a public place such as a sidewalk, street, or parking lot.
How crime of robbery differ to a crime of theft?
Theft is a crime against property, whereas robbery is a crime against a person. Robbery encompasses a theft (or attempted theft) plus force or intimidation. It is the use or theft of force that makes robbery, in most cases, the more serious crime.
What are the two 2 kinds of robbery under the RPC?
The crime of robbery is found under Chapter One, Title Ten [Crimes Against Property] of the RPC. Chapter One is composed of two sections, to wit: Section One – Robbery with violence against or intimidation of persons; and Section Two – Robbery by the use of force upon things.
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