U.S. v. Szentmiklosi, 55 M.J. 487

Core Criminal Law Subjects: Crimes: Article 118 - Murder Pre-2019 offenses

1. if during the course of a robbery, a killing results, the robbery and the resulting homicide are separately chargeable

Core Criminal Law Subjects: Crimes: Article 122 - Robbery Pre-2019 offenses

1. to determine whether robbery of multiple victims in possession of the same property belonging to a single entity is but a single robbery, Court will look to plain text and legislative history of Article 122, UCMJ, to determine whether Congress intended separate convictions and punishments
2. because Congress has expressed no intent to permit multiple convictions and punishment, the forcible taking of property belonging to one entity from the person or presence of multiple individuals jointly or constructively possessing the property on behalf of the entity is one offense chargeable under Article 122, UCMJ
3. the forcible taking of property belonging to one entity from the person or presence of multiple individuals jointly or constructively possessing the property on behalf of the entity is one offense chargeable under Article 122, UCMJ; however, the sentencing authority may consider the force or violence perpetrated against others present in calculating an appropriate sentence of no confinement to 10 years
4. the forcible taking of property belonging to one entity from the person or presence of multiple individuals jointly or constructively possessing the property on behalf of the entity is one offense chargeable under Article 122, UCMJ; however, liability for the lesser-included offense of intentional infliction of grievous bodily harm in violation of Article 128, UCMJ, may lie if the violence committed against one or more of the victims is gratuitous and distinct from the violence necessary to effect the robbery
5. even when violence found to be part and parcel of the robbery is so greatly in excess of that required to steal that the victim is permanently disabled or disfigured, the perpetrator may be liable for a separate offense
6. if during the course of a robbery, a killing results, the robbery and the resulting homicide are separately chargeable

Core Criminal Law Subjects: Crimes: Article 128 - Assault Pre-2019 offenses

1. the forcible taking of property belonging to one entity from the person or presence of multiple individuals jointly or constructively possessing the property on behalf of the entity is one offense chargeable under Article 122, UCMJ; however, liability for the lesser-included offense of intentional infliction of grievous bodily harm in violation of Article 128, UCMJ, may lie if the violence committed against one or more of the victims is gratuitous and distinct from the violence necessary to effect the robbery

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Multiplicity

1. even when violence found to be part and parcel of the robbery is so greatly in excess of that required to steal that the victim is permanently disabled or disfigured, the perpetrator may be liable for a separate offense

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Tests

1. unless a statutory intent to permit multiple punishments is stated clearly and without ambiguity, doubt will be resolved against turning a single transaction into multiple offenses