Haw. Pattern Jury Instr. (Criminal) 10.27A

INSTRUMENT AND USE OF FORCE:

H.R.S. § 708-840(1)(b)(i)

(Applicable to offenses that occurred on

or before June 21, 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, 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; and

2. That [, while doing so,] the Defendant was 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” if it occurs in an attempt to commit theft, in the

commission of theft, 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, 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.