Mkwe s/o Lakimoja v. R. (PC) Crim. App. 19-A-67, 29/8/67, Platt J.

Mkwe s/o Lakimoja v. R. (PC) Crim. App. 19-A-67, 29/8/67, Platt J.

Accused was originally convicted in Primary Court of stealing and assault. There was evidence that he had stolen a tin of millet from a pombe club. The owner returned and searched for the tin, but could not find it. Shortly thereafter the club watchman found accused carrying the tin, and a struggle ensued during which the watchman was assaulted. It was unclear how long after the theft this incident took place. There was evidence that the incident took place outside the pombe club. On revision, the District Court substituted a conviction for robbery.

            Held: The use or threat of violence, which is an element in the crime of robbery, not only must be for the purpose of obtaining or retaining the thing stolen, but must occur at the time of the theft or immediately before or after it. In the present case, the search intervened between the theft and the assault, and the assault cannot be said to be connected with the theft. The High Court imposed convictions for theft and assault.