Factors of Robbery Crime - Coursework Example

Since the defendant here did not have any guilty intentions, he can argue before the court of law that he is not liable for the crime of robbery. On the other hand, for anything to amount to robbery, it is essential that all the characteristics of robbery are met. In the present scenario, the defendant did not run away from the plaintiff’s house with the gun, and therefore all the characteristics of robbery are not fulfilled in this situation.

The defendant did not steal the gun from the plaintiff. Even though he refused to give the gun back, there is not enough evidence which can prove that he infact ended up stealing the gun from the plaintiff. The second factor which is crucial in criminal law is actus reus, which means the doing of the act. Over here, the defendant did not finish the task of stealing the gun, although he was mid-way into it. Therefore, doing an illegal act was not fulfilled in this case.

It is a good argument since both the factors of crime have not been met by the defendant, and therefore the defendant should not be prosecuted for a crime that he never committed.