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Miderege s/o Bemeye v. R. Crim. App. 799-M-67, 22/11/67, Cross J.
Accused was convicted of robbery with violence. [P.C. s. 286.] There was evidence that accused, while drunk, assaulted a number of persons in a pombe shop. After assaulting complainant, accused took complainant’s coat and walked away with if
Held: Penal Code section 285 provides that any person who steals anything an uses violence to obtain or retain the thing stolen is guilty of robbery. Here, the actions of accused were not in order to obtain or retain the coat, but rather were part of generally belligerent behaviour which had no rational connection with the theft. Conviction for simple theft substituted.
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