What is the test for establishing that a robbery was committed by means of fear?
California, United States of America
The following excerpt is from People v. Carothers, G054498 (Cal. App. 2018):
As for fear, "when the prosecution seeks to prove a robbery was committed by means of fear, it must present evidence 'from which it can be inferred that the victim was in fact afraid, and that such fear allowed the crime to be accomplished.' [Citation.] Actual fear may be inferred from the circumstances, and need not be testified to explicitly by the victim. [Citation.]" (People v. Cuevas (2001) 89 Cal.App.4th 689, 698.)
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