Shene Kimboka v. R., Crim. App. 157-D-67, -/-/67, Duff J.

Shene Kimboka v. R., Crim. App. 157-D-67, -/-/67, Duff J.

The five accused were convicted on two counts of robbery, one count of malicious damage to property. A taxi driver had taken a passenger to a certain hamlet, where he waited while the passenger went to his house for money to pay the fare. When the passenger returned, a group of persons, including the five accused, had gathered about the car. They questioned the driver and passenger, indicating that they suspected them of being thieves. Dissatisfied, they set upon the pair; during the struggle, the two men were injured and property and money were stolen from them. It is not clear that any of the five accused stole any of the valuables.

            Held: (1) Clearly, the accused participated in the assault. Conviction entered accordingly. (2) However, although the accused “shared a common intention to prosecute an unlawful purpose, namely, the beating of so-called thieves,” it is not clear that they themselves committed any robbery directly, nor is it clear that “all of the accused shared the intention to steal.” Absent such proof, the conviction for robbery must fail.