Police Release – Masonville Assault
On Tuesday January 6 2008 at 7:48 pm a 17 year old male and his friends were at the entrance to Masonville Mall when they were approached by three males. The males demanded property from the 17 year old male. When the victim refused to hand over property the suspects punched and kicked him in the face, head and torso. One of the victim’s friends intervened and the victim was able to flee. The victim received non life threatening injuries. Nothing was stolen. Police were called and arrested two males on January 7th.
Two 16 year old males of London are charged with Robbery.
A 15 year old male of London has been identified as the third suspect and a warrant has been applied for his arrest.
Appended 2009/01/07:
In response to my follow-up inquiry I’m advised by LPS media relations officer Constable Amy Phillipo that “you don’t have to have something stolen in order for it to be determined to be a robbery” because of the way that the criminal code is written. And there’s no need to lay an additional charge for assault because “the assault is included as part of the robbery. It is all included in the definition of robbery.”
© Fowler Media
Criminal Code s.343 Robbery
related:
s.265 Assault (subsection 1(c) is interesting)
Okay, so 343(c) says it’s a robbery if there was an assault associated with an attempt to steal. So I still don’t understand why assault charges weren’t laid, esp. now that it seems that the robbery charge may depend upon the assault.
Thanks for the links. I wish I had the time to investigate it further.