Haw. Pattern Jury Instr. (Criminal) 10.27

INSTRUMENT AND USE OF FORCE:

H.R.S. § 708-840(1)(b)(i)

(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 is armed with a dangerous instrument,

and he/she uses force against the person of anyone present with

intent to overcome that person’s physical resistance or physical

power of resistance.

There are three material elements of the offense of Robbery

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

beyond a reasonable doubt.

These three 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 was

[intentionally] armed with a dangerous instrument; and

3. That [, while doing so,] the Defendant used force

against the person of anyone present with intent to overcome

that person’s physical resistance or physical power of

resistance.

[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 of 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.

“Dangerous instrument” means any firearm, or other weapon,

whether loaded or not, or whether operable or not, or other

weapon, device, instrument, material, or substance, whether

animate or inanimate, which in the manner it is used or

threatened to be used is capable of producing death or serious

bodily injury.