Paulo s/o Mwanjiti v. R., Crim. App. 316-D-66, 20/7/66, Otto, J.

Paulo s/o Mwanjiti v. R., Crim. App. 316-D-66, 20/7/66, Otto, J.

Accused was convicted on two counts of robbery. Posing as a police officer, he relieved two persons of Shs. 304/10 after “arresting” them. He took the money as “bail” and told the victims to appear at the local police station the next day.

            Held: (1) Robbery, as defined in P. C. s. 285, involves stealing plus the use or threat of violence by the accused. The evidence disclosed not use or threat of violence, so the conviction of robbery could not be maintained. (2) The evidence was, however, sufficient to support a charge of cheating contrary to P.C. s. 304, conviction being substituted for the robbery conviction under Crim. Proc. Code section 181 and 187. A sentence of 12 months imprisonment was imposed on each count, sentence to run concurrently.