Threatening Assault and Attempted Robbery with a Deadly Weapon
occurred at the restaurant adjacent to the school until approximately 21:00 hours. Mr. Sompong and Mr. Somsak lacked funds for their return journey home. A passerby observed the two men. Upon reaching the park area, Mr. Sompong and Ms. Sansern saw Mr. Panaphab and Ms. Sansern conversing. Mr. Sompong approached them, extended his hands in a gesture of greeting to Mr. Panaphab and Ms. Sansern, and requested 5 baht from the two. Mr. Panaphab stated that he had no money. Mr. Somsak then drew a sharp-pointed blade, extending it outwards, and said, “Hey, will you give or not? It’s worth hurting myself.” Ms. Sansern became agitated. Mr. Sompong then presented a banknote of 10 baht, one banknote, to Mr. Sompong, and Mr. Panaphab transferred it to Mr. Sompong. Mr. Somsak accompanied them to the bus stop to report the incident and apprehended Mr. Sompong and Mr. Somsak, approximately 200 meters from the scene. Police officers searched Mr. Sompong, discovering money, and Mr. Somsak was found to be carrying a sharp-pointed blade attached to his waist.
What offenses do Mr. Sompong and Mr. Somsak commit?
Mr. Sompong did not intend to participate in the commission of a crime with Mr. Somsak for the purpose of taking. Mr. Panaphab was present from the outset. Mr. Somsak used the blade to threaten Mr. Panaphab in order to induce him to give money. The act committed by Mr. Somsak was solely his own. Mr. Sompong was therefore not liable and did not need to be held responsible for the actions of Mr. Somsak.
(4 points)
Mr. Somsak used a sharp-pointed blade to strike Mr. Panaphab, threatening that if he did not give money, he would use force to assault him. This constituted an act of violence and attempted assault, and potentially theft. However, Ms. Sansern delivered the money to Mr. Sompong, therefore it was not considered completed theft. It was not a crime of completed robbery. The actions of Mr. Somsak were a failed attempt at robbery with a weapon, under Section 339 (2) of the Criminal Code.
(5 points)
Furthermore, Mr. Somsak carrying a sharp-pointed blade on his person and threatening Mr. Panaphab constituted a violation of the Penal Code.
(1 point)