Simon s/o Gadeu v. R., (PC) Crim. App. 164, 165-D-68, 19/8/68, Hamlyn J.

Simon s/o Gadeu v. R., (PC) Crim. App. 164, 165-D-68, 19/8/68, Hamlyn J.

Accused were convicted in Primary Court of assault causing bodily harm and robber c/ss 241 and 286, Penal Code. The District Court, hearing the case on confirmation, altered the convictions to robbery with violence and increased the sentences which the trial court had imposed without regard to the Minimum Sentences Act to severer sentences in accordance with the act. The High Court agreed that the original charges had been drawn incorrectly.

            Held: Nowhere in the statutes are the courts empowered to convict persons of offences more serious than those charged- Robbery with violence, being punishable with life imprisonment, is more serious than simple robbery, albeit that the robbery charge is combined with on of assault. Convictions of robbery substituted; accused sentenced to two years and twenty – four strokes.