Bill and Tom worked together as drivers for Ajax Armored Car Co. After Bill repo
ID: 423946 • Letter: B
Question
Bill and Tom worked together as drivers for Ajax Armored Car Co. After Bill reported Tom to the company’s management for violating a company policy, the company fired Tom. Angered that Bill had “snitched” on him, Tom decided to get even with Bill.
Tom bought a pistol, some ammunition, and a rubber mask to use as a disguise. Expecting that Bill would follow the same route and schedule that had been in effect before Tom was fired, Tom hid behind a newsstand near a bank where the armored car ordinarily picked up the bank’s daily receipts. He intended to put on the mask and rob Bill at gunpoint as he emerged from the bank with the bags of money. As it turned out, the company had altered the pick-up schedule so that the armored car had come and gone by the time Tom arrived at the location.
Even more irate that he had missed this opportunity, Tom decided he would make a bomb, follow Bill’s armored car, plant the bomb under the car at a time when Bill was inside the bank picking up money, and detonate the bomb from a remote location as soon as Bill reentered the car. Tom bought a book that contained instructions for making a bomb that would be powerful enough to completely destroy an armored car, purchased the necessary explosives and detonation materials, and began to assemble the bomb in the garage attached to the house where he rented a room from the owner, who also resided there. While he was assembling the bomb, Tom inadvertently ignited the materials, causing an explosion and fire that resulted in burning down the house and garage.
What crimes, if any, did Tom commit? Explain fully.
Explanation / Answer
Ans: Tom has commited following crimes
(i) Attempted Robbery : The facts state that Tom intended to rob Bill at gunpoint. Tom did not accomplish this crime, but purchase of a gun and mask could be characterized as a mere preparation and when he hid behind the newsstand with a pistol. He was close to complete the crime. Therefore Tom
committed attempted robbery.
(ii) Attempted Larceny : It is a lesser included crime of attempted robbery. Therefore Tom also committed attempted larceny, though he cannot be convicted of both.
(iii) Attempted Murder : Tom is not guilty for attempting murder for the robbery attempt. His use of gun is a malice, but he didnt intend the prohibited resultie Bill's Death.
(iv) Defence of Impossibility : Tom may raise the defense of impossibility but this defence will fail because if the facts had been as Tom believed them to be he would be guilty of attempt.
(v) Houseburning : Tom burned his own house and this could have damaged neighbouring house. Here Tom is guilty of the greater crime of arson.
(vi) Arson : Tom acted like Malice because he was making an illegal bomb in a private home. He did not intend to burn the house, but he did act with the required malice. Tom was not the owner, so it was the dwelling of another. Tom is guilty of arson.
(vii) Attempted Arson : Tom was not convicted of Arson and attempted Arson because they would merge. Tom did not intend the prohibited result of arson, i.e. the burning of the dwelling of another. Tom is not guilty of attempted arson.
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