Haw. Pattern Jury Instr. (Criminal) 10.26

INFLICT SERIOUS BODILY INJURY: H.R.S. § 708-840(1)(a)

(Applicable to offenses occurring on or after June 22, 2006)

[In Count (count number) of the Indictment/Complaint, the]

[The] Defendant, (defendant’s name), is charged with the offense

of Robbery in the First Degree.

A person commits the offense of Robbery in the First Degree

if, in the course of [committing theft] [taking a motor vehicle

without consent], he/she [attempts to kill another]

[intentionally or knowingly* inflicts or attempts to inflict

serious bodily injury upon another].

There are two material elements of the offense of Robbery

in the First Degree, each of which the prosecution must prove

beyond a reasonable doubt.

These two elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant was in the course of [committing

theft] [taking a motor vehicle without consent]; and

2. That [, while doing so,] the Defendant [attempted to

kill another] [intentionally or knowingly* inflicted or

attempted to inflict serious bodily injury upon another].

[A person commits theft if he/she obtains or exerts

unauthorized control over the property of another with intent to

deprive the person of the property.]

An act shall be deemed “in the course of [committing a

theft] [taking a motor vehicle without consent]” if it occurs in

an attempt to [commit theft] [take a motor vehicle without

consent,] or in the flight after the attempt or commission.

A person attempts to kill another if, with the intent to

kill, he/she intentionally engages in conduct which is a

substantial step in a course of conduct intended or known to be

practically certain by the Defendant to cause death.

A person attempts to inflict serious bodily injury on

another if, with the intent to inflict serious bodily injury,

he/she intentionally engages in conduct which is a substantial

step in a course of conduct intended or known [by the Defendant]

to create a substantial risk of death or which causes serious,

permanent disfigurement, or protracted loss or impairment of the

function of any bodily member or organ.