Elements Of Robbery In People V Mungia

A jury will probably convict Zupp of robbery. According to LaFave & Scott, “Robbery consists of the trespassory taking and carrying away of the personal property of another with the intent to steal it in addition to the property being taken from the person and accomplished by means of force or fear.” These elements are applied to the incident between the victim, Marvin Melody, and the defendant, Zupp. There was a trespassory taking when Zupp grabbed the novel out of Marvin Melody’s hand. The carrying away of the property was enacted when Zupp ran away from the store with the book. The slightest movement of the book would fulfill this requirement. The book was taken from Marvin Melody’s hand who was also the store owner. Thus, the victim

Hays). In People v. Mungia, the jury decided that the defendant used more force than necessary to accomplish theft from the person because the defendant was larger and the victim was more susceptible to his shove. Zupp may have used more force than necessary to accomplish the taking of the book however the victim was not susceptible to him since he was a “little guy.” In both cases the defendants came in contact with the victim by either a “shove” or a “bump.” Since force is relative, the jury must decide whether or not the force exerted was incidental or an intentional separate

If a threat is employed to prevent the owner from recovering the property or to facilitate an escape, the offense could not be an attempted robbery (People v. Pham). In Pham, the defendant continued to struggle with the victims until the police arrived. He was physically restraining them and did not show intent to abandon the property. Whereas, Zupp threw the book at the defendant and ran immediately after the throw. He did not show intent to stay with the property. However, there is no requirement that the robber have manual possession of the property when escaping the scene (People v.