question archive Janna is walking down the street one evening when she approached Milo
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Janna is walking down the street one evening when she approached Milo. Milo put a knife to her neck and escorted her to a nearby ATM machine. Milo demanded that Janna withdraw all of the money from her savings account or he would kill her. Janna did as she was told, and Milo left without harming her. Name and define the crime that Milo has committed. How is Milo's crime different from larceny? What is the actus reus? What is the mens rea?
From the above perspective, Milo committed robbery with violence based on the fact that in the course of committing the act, Millo demanded that Janna withdraw all of the money from her savings account or he would kill her. This amounts to a threat of use of force, which qualifies the act to be considered as robbery with violence. At the same time, the offender committed the crime in the victim's presence, taking her money by force. This is different from larceny, which involves stealing without any use of violence.
Step-by-step explanation
Robbery with violence is defined as a form of crime that involves the offender taking or attempting to take any property worth monetary value from the victim in the victim's presence through the use of force, the threat of use of force, any form of intimidation. Larceny, on the other hand, is simply defined as a form of crime that involves illegally taking over the ownership of a person's property or business. In some jurisdictions, it is simply defined as a common theft. The major difference between robbery with violence and Larceny is simply the fact that in the course of robbery with violence, there is the use of force or threat of use of force or rather intimidation in the presence of the victim. In contrast, larceny may not involve any form of violence (Ashworth & Horder, 2013).
From the above perspective, Milo committed robbery with violence based on the fact that in the course of committing the act, Millo demanded that Janna withdraw all of the money from her savings account or he would kill her. This amounts to a threat of use of force, which qualifies the act to be considered as robbery with violence. At the same time, the offender committed the crime in the victim's presence, taking her money by force. This is different from larceny, which involves stealing without any use of violence.
Actus Reus can be defined as the physical element of a crime, including the criminal act itself. In this case, the Actus reus is the loss of the money by the victim as a result of the robbery act by the suspect.
Mensrea is simply defined as the mental element of a crime. It includes the offender's intention to engage in crime. In this case, the offender intended to rob the victim because he even threatened killing the victim if she refused to cooperate with him by putting a knife on her back and even escorting her to the ATM to withdraw the money. Thus the offender was motivated, determined, ready and willing to commit the crime.