Sabuni and Abdallah v. R. Crim. Apps. 313 and 334-A-70; 27/3/71; Kwikima Ag. J.

Sabuni and Abdallah v. R. Crim. Apps. 313 and 334-A-70; 27/3/71; Kwikima Ag. J.

            The appellants were jointly convicted of robbery. They were alleged to have attacked a part of four who were coming from a Saba Saba party. According to evidence, in the struggle one of the members of the party was raped and she lost her watch and ring. No one testified that he saw the appellants taking these articles. On appeal the conviction for robbery was quashed because of lack of proof of asportation. But a conviction for assault was substituted the learned acting judge remarking:

                        Held: (1) “But I think the evidence on record disclosed the offence of assault. I am not unaware of the Ugandan case where it was held that the offence of assault was not minor to that of robbery as the offence of assault is not cognate to that of robbery. The law in Tanzania is different in that minor offences need not be necessarily cognate to major offences.” (He then set out the provisions of s. 181 (1) and   (2) of the Criminal Procedure Code and continued) “Indeed in the case of Musa and others v. R. 1967 E. A. 537 Platt J. as the then was held that “the ingredients of the offence (of assault ) were includes in the offence of robbery with violence”. In this case there was overwhelming evidence of assault and even rape. Accordingly I will quash the conviction for robbery and substitute one of assault under section 181 C. P. C.” (2) Appeal dismissed.