Oregon Supreme Court 06-10-10

by: Abassos • June 9, 2010 • no comments

Read the full article for details about the following new cases:

• A Threatened Robbery Witness Is a Victim

One of two new Oregon Supreme Court cases released today:

Each individual that a defendant threatens in the course of a single incidence of robbery counts as a victim of the crime, and each victim may give rise to a separate count of robbery. These counts do not merge. The Oregon Supreme Court noted that the relevant statutes (ORS 164.395, 164.405 and 164.415) describe the individual against whom force must be used broadly, as "any" or "another" person. The Court held that as fear or the threat of violence is the central factor distinguishing robbery from theft, each individual threatened in a robbery is a victim, regardless of whether she is the owner or possessor of the property sought. Per ORS 161.067(2), where a single criminal episode involves multiple victims, "there are as many separately punishable offenses as there are victims." The Court further relied on legislative history, which demonstrates that the Oregon legislature of 1970 intended to shift the focus of robbery from the taking of property to the risk of injury, and that the necessary use or threat of force could be directed toward anyone, not just the owner of the property. State v. Hamilton