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Sayale s/o Seliani v. R., Crim. App. 15-A-68,. 3/4/68, Platt J.
The three accused were convicted of robbery. They were in the process of beating complainant when his watch fell or was torn off his wrist, whereupon one of the accused pocketed it.
Held: Robbery is defined by P.C. s. 285 as using actual or threatened violence “…. To obtain or retain the thing stolen or to prevent … resistance to its being stolen….” The purpose must be to steal something. Here the taking of the watch was incidental to the assault. Conviction of causing actual bodily harm [P.C. s. 241] substituted, pursuant to the provisions of Crim. Proc. Code, s. 181.
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