Venance Nkama v. R., Crim. App. 826-D-69, -/1/70, Mustafa J.

Venance Nkama v. R., Crim. App. 826-D-69, -/1/70, Mustafa J.

Appellant was convicted of robbery. Complainant, Police Constable Joel, alleged that when he was sitting in a bus, somebody from outside snatched the hat he was wearing. He managed to snatch the hat back from the said person, and when he looked outside of the bus window to see who the person was, the person slapped him on the face. Complainant got off the bus and saw the person who had struck him. Complainant said the person struck him once again. The person then ran away, but complainant gave chase and managed to arrest him. That person turned out to be the appellant.

            Held: “The evidence does not support a charge of robbery the evidence would be more consistent with a charge of simple theft, or possibly of stealing from the person of another. At the time the appellant stole the hat, he did not use or threaten to use actual violence in order to obtain or retain the said hat.” Conviction for robbery set aside, and conviction for theft substituted.