Is there a requirement that one must point and discharge a rifle in order to complete the unlawful object of robbery?
British Columbia, Canada
The following excerpt is from R v Jongbloets, 2017 BCSC 2329 (CanLII):
I find that the reasoning in Shand is applicable to the circumstances of the present case. There is no requirement that one must point and discharge a rifle in order to complete the unlawful object of robbery. Robbery pursuant to s. 343(d) states every one commits robbery who “steals from any person while armed with an offensive weapon or imitation thereof”. As stated in McGuigan v. R., 1982 CanLII 41 (SCC), [1982] 1 S.C.R. 284 “robbery can be committed without either the possession or the use of a firearm…. the offence is complete if the accused is “armed with” the offensive weapon – he need not “use” it.”
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