(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).
(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).
(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).
(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).