Magati s/o Mchoya v. R., Crim. App. 340-M-68, 31/7/68, Seaton J.

Magati s/o Mchoya v. R., Crim. App. 340-M-68, 31/7/68, Seaton J.

Accused was convicted of robbery with violence. The village headman and others discovered his wife illegally brewing moshi. When they arrested her, the accused seized a bicycle and briefcase belonging to the headman and pulled out a knife, saying that if the headman could take away, accused took the articles into his house. The headman later recovered them.

            Held: Conviction quashed. “As to he detaining of the bicycle and the briefcase, the appellant’s motives were to exert pressure to have his wife freed by detaining them temporarily.” He did not intend to deprive the headman permanently of them, so there could be neither theft nor robbery.