- How is the accused identified as the party who committed the robbery?
Information about the Stolen Property
- Who is the owner?
- What is the value of the property? How was the value determined?
- Has the property been recovered? Where is it now? How was it identified as belonging to the owner?
- If the property has been returned to the owner did you..
- Photograph the property
- Get a receipt or affidavit from the owner
- Was the property located in the possession of the accused?
Violent Actions of the Accused
Review the use of force “factors” (Section 34). The factors are often legal issues raised in trial.
Actual violence or the threat of violence?
If actual violence was used…
- Nature of injuries
- Manner of assault
- Who observed, where documented
How did the accused show intent to use violence
The victim provoked the incident
The accused had legal claim to the property
The theft was not completed (there was no intent to steal)
- Describe how the accused showed his intent to steal
The victim consented to the fight (only a theft occurred)
The theft and assault are two separate events and not connected
Describe the nexus between the assault and theft
- They occur in close time proximity
- Words of the accused used in commission of offence