Saidi s/o Kasongo v. R. Crim. App. 1-M-67; 24/4/67; Platt, J.

Saidi s/o Kasongo v. R. Crim. App. 1-M-67; 24/4/67; Platt, J.

The accused were convicted of burglary (P. C. s. 294(1)) and robbery (P. C. ss. 285, 286.) The facts stated by the prosecution, which the accused accepted, were that the accused had broken into the complainant’s house armed with weapons and forced him to give them Shs. 3025/-. In their pleas, two of the accused stated that they “robbed” complainant of his money, and the third accused stated that they “forced” complainant to give them money These were recorded as pleas of guilty.

            Held: Penal Code section 285 provides that the threat or actual use of violence is an element in the crime of robbery. The words “robbed” and “forced” in the pleas were used colloquially and do not in themselves show the threat or use of actual violence. The facts presented by the prosecution –that the three armed men told the complainant to give them fear in doing so was because they had actually threatened or used violence against him. “ The convictions of robbery were set aside and convictions of theft substituted.