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All Jurisprudence based

0 tracked cards Criminal Law

A masked man enters a jewelry shop after closing hours, brandishes a pistol, and demands jewelry and cash. During the robbery, he fires a single shot that kills the shop owner and wounds a customer, then escapes with the jewelry. He is charged with robbery, murder, and physical injuries. (a) Does one act qualify as a special complex crime under the doctrine of special complex or composite crimes? If yes, identify the complex formed. (b) What is the proper penalty when a complex crime is involved? (c) How should the court treat the separate offenses charged under these facts?

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Yes; the complex formed is robbery with homicide; the penalty would be the sum of penalties for robbery and murder, and the court may convict for both Yes; the complex formed is robbery with physical injuries; the penalty is the higher penalty between robbery and physical injuries; the court should convict of the complex crime but may still convict for murder as a separate offense. Yes; the complex formed is robbery with homicide; the penalty is that prescribed for the complex crime; the court should convict for the complex crime and dismiss the separate offenses. Yes; the complex formed is murder with robbery; the penalty is the maximum of the penalties for the two offenses; the court should convict for the complex crime and also consider the underlying robbery charge separately.

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