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A Law Student was robbed by four unidentified suspects in Cristobal street corner UN avenue.


The Robbery was caught on a CCTV installed in the area.


The CCTV showed that on or about 11 PM, the law student was walking along Cristobal street when two of the four suspects pointed a gun at him and announced the robbery.


The Robbers demanded that he give his bag and money.


The Student fought back and was able to run away from the suspects.


Shots were fired but the student was not harmed.


Police investigation is underway to determine the identity of the four suspects.


The Suspects committed the crime of Robbery.


      Read: What is Robbery?


From the facts presented above, the suspects did not gain possession of the bag and money of the victim.


In Robbery with violence or intimidation, from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete.


In the case above, it is clear that the unlawful taking is not complete.


The Crime of Robbery was not consummated.


Refresh your memory:


STAGES OF EXECUTION:

1. CONSUMMATED – when all the elements necessary for its execution and accomplishment are present.

2. FRUSTRATED
   Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator

3. ATTEMPTED
   Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance


Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury


Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law provides otherwise
2. Formal crimes – consummated in one instance
   Ex: slander, adultery, etc.
3. Impossible Crimes
4. Crimes consummated by mere attempt
   Ex: attempt to flee to an enemy country, treason, corruption of minors
5. Felonies by omission
6. Crimes committed by mere agreement
   Ex: betting in sports: “ending,” corruption of public officers