Juma s/o Muhumpa v. R., Crim. App. 738-M-67, 15/11/67, Cross J.

Juma s/o Muhumpa v. R., Crim. App. 738-M-67, 15/11/67, Cross J.

Accused had stolen the bicycle of complainant while two other persons had restrained complainant by force. Accused was convicted of “robbery with violence” under section 285 and 286 of the Penal Code, and sentenced to 2 years and 24 strokes, the minimum prescribed by law. Section 286 provides that where an offender is in company with other persons, and is armed with a dangerous weapon, or uses personal violence upon the victim, he is liable to life imprisonment. Accused ’s appeal on the merits of the conviction was dismissed.

            The Court stated, obiter: Although the accused was rightly convicted of robbery, and properly sentenced, the appeal was admitted to clarify the magistrate’s misunderstanding of the purpose of section 286. He “seems …. To have regarded section 286 as creating a separate offence of robbery with violence. This  is not so. Section 285 creates the offence of robbery and section 286 provides firstly a penalty for that offence and secondly an increased maximum penalty if there are present the circumstances of aggravation set out therein.”