Facts

In this case, the defendant attempted to snatch the handbag of a 73-year-old woman. Although the defendant did not intentionally cause the victim to fall, he pulled her with force until she let go, thereby causing her injuries. The Cantonal Court had initially qualified the acts as purse snatching, but the DFC ultimately upheld the qualification of robbery.

Considerations

According to the DFC, the defendant used sufficient violence to compel the victim to abandon her handbag, which constitutes the offence of robbery within the meaning of Art. 140 para. 1 no. 1 SCC. Although the defendant did not intentionally cause the victim to fall, the fact that he pulled her with force until she let go demonstrates direct physical violence aimed at overcoming the victim's resistance. The DFC considers that the violence used was sufficiently intense to meet the conditions of robbery, despite the absence of serious injuries.

The DFC also notes that the fact that the victim did not offer particular resistance beyond the reflex of holding onto her bag is not decisive. The…