Ambokile Mwamalongo v. R., Crim. App. 371-D-67; 12/7/67; Saidi, J.

Ambokile Mwamalongo v. R., Crim. App. 371-D-67; 12/7/67; Saidi, J.

Accused was convicted of stealing from the person of another in the following circumstances. He was pulling a purse out of the pocket of another person when a sudden movement by the intended victim’ prevented accused from obtaining the purse. However, the purse was far enough out of the intended victim’s pocket so that when he sat down immediately thereafter, his purse fell to the floor.

            Held: Accused was guilty only of the lesser offence of the attempted pick pocketing. (P.C. ss. 269 (a),381.) Conviction was substituted accordingly.