Tuesday, October 29, 2019
Law Task Essay Example | Topics and Well Written Essays - 500 words - 1
Law Task - Essay Example The third element to be used by Jigger on building his case is that while Frankie was taking his ipod, he used violence or threat to violence. To consider the concept of threat, the law makes emphasis on ââ¬Å"presenceâ⬠. The property must be in the presence of the victim so that it may be proven that in deed the victim was in apposition of defending his property were it not that violence was used or threat to the violence was used, then the victim would have been in a position to defend the property. 2In this case Jigger was with his property, which means that had it not been that Frankie used threat to violence, he would not have given away his ipod. It should be noted that the concept violence, needs not physical injury or physical contact being made. Had it been that Frankie grabbed the ipod from Jiggers hand, then the court would be able to charge Frankie with robbery with violence. The case of against Frankie falls under two circumstances. While Frankie would argue that he only hit Jigger after he had taken the ipod, Jigger would argue that at the point of taking of the ipod, Frankie had used threat in the case he did not cooperate. At this point, the case of robbery shall have been built strongly. In the next instance, Jigger would file for the case against Frankie to be just violence. There is no certainty that the action of violence directed to Jigger by Frankie was to facilitate the taking of Jiggerââ¬â¢s property. This is because by the time violence was being committed, Frankie already had the ipod. Jigger therefore must file the violence case against Frankie separate from the robbery
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