New Robbery

Robbery
and
Robbery With Violence
Theft Act 1968
 A person is guilty of theft if he dishonestly
appropriates property belonging to
another with the intention of permanently
depriving the other person of it.
 Robbery is essentially an aggravated form
of theft.
Robbery
 Robbery
 The personal property must be taken from the
victim’s person or presence, and
 The taking must be achieved by violence, fear
or intimidation
 Mens Rea
 The assailant must possess the intent to
permanently deprive an individual of his or
her property.
Robbery
 Use or Threat to Force
 Armed with a dangerous weapon
 Other dangerous instruments
 Threat of the use of violence
 Inflicted serious bodily injury
 Employed an accomplice
Definition of Robbery
 PC 295. Any person who steals anything,
and or immediately before or immediately
after the time of stealing it, uses or
threatens to use actual violence to any
person or property in order to obtain or
retain the thing stolen or to prevent or
overcome resistance to its being stolen or
retained, is guilty of the felony robbery.
Punishment of Robbery
 PC 296. (1) Any person who is found
guilty of robbery is liable to imprisonment
for 14 years.
 PC 296. (2) If the offender is armed with
any dangerous or offensive weapon or
instrument, or in the company of others,
at or immediately before or after the time
of the robbery, wounds, beats, strikes or
uses any other personal violence to any
person, shall be sentenced to death.
Attempted Robbery
 PC 297. (1) Any person who assaults any person with
intent to steal anything, and, or immediately before of
after the time of the assault, uses or threatens to use
actual violence to any person or property in order to
obtain the thing intended to be stolen, or prevent or
overcome resistance to its being stolen, is guilty of a
felony and is liable to imprisonment for 7 years.
 PC 297. (2) If the offender is armed with any dangerous

or offensive weapon or instrument, or in the company of
others, at or immediately before or after the time of the
robbery, wounds, beats, strikes or uses any other
personal violence to any person, shall be sentenced to
death.
Assault With Intent to Steal
 PC 298. Any person who assaults any
person with the intent to steal anything is
guilty of a felony and is liable to
imprisonment for 5 years.
 D and V were drinking with an unidentified
male and V passes out. D rolled V onto his
side and removes his wallet. Can D be
convicted of robbery of a voluntarily
intoxicated, unconscious V??
Use or Threat of Force
 Where D uses force.
 Where D ‘puts’ any person in ‘fear’ of being then
and there subjected to force.
 Where the allegation is that D seeks to put V in
fear of force.
If D picks V pocket by bumping V is this
robbery? If D causes V to loose his balance and
fall during the pick pocket is this robbery?

Case: James M. Wanjiku
 “On the 28th of May 2002 at Maina Estate
in Laikipia District within Rift Valley, jointly
with others not before Court while armed
with a home-made gun robbed Peter M.
Ndirangu of cash Kshs 500, two torches,
two pangas and a wrist watch all valued at
Ksks 1500 and at or immediately before or
immediately after the time of such robbery
threatened to shoot the said Peter
Ndirangu.”
Wanjiku Continues
 The charge was reduced from 296(2) to 296(1) with a five
year sentence. The Magistrate reduced the charge stating
“Except for the accused nobody else was injured.” The
accused was warned not to appeal but did so anyway. He
stated that:
-he want the 5 years reduced
-he had been rehabilitated
-he suffered epilepsy from injuries he received after the
robbery
-his father died and his mother was ill
Appeal was overturned and his new was sentence was
for robbery with violence 296(2) and the death
penalty.
Case: Boniface Ochieng
 “George Odhiambo, Joseph Isinya and Boniface
Ochieng on 22nd day of November 2001 at
Loresho in Spring Valley within the Nairobi Are
Province jointly with anther not before Court
being armed with dangerous or offensive weapon
namely swords and rungus attempted to rob Nick
Ghelani .”of house holds and at or immediately
before of after the time of such robbery
threatene3d to use actual violence to the said
Nick Ghelani.” They were found guilty and
sentenced to death. On appeal it was discovered
that:
Ochieng Continues
 Confronted by two men kick and took shears from one,
But was cut across the back with a sword ( no medical
or police records were found)
 The men ran but two were found in the compound and
arrested
 No evidence of house holds goods being taken
 The compound was like a fortress how did they get in?
 No interviews
 No investigation
 Never entered the house
 Why did they not find the third person?
 The Case was overturned and dismissed.
My Equation for Robbery
Robbery =
any person who steals
+from the person or in the presence of
+uses threats or actual violence to obtain
or retain the thing stolen
Robbery with Violence = the above
+armed with a dangerous weapon
+in the company of one or more persons
+violence that causes injury or harm
Killing a Mosquito with a
Sledge Hammer
The Law on Robbery with Violence
Nairobi’s Urban Perspective March 2013
By Bertha Kang’ong’oi
An Opinion I Agree With
 “Violent crime is a serious offence in
Nairobi bringing fear, trauma and
sometimes death to it’s many victims.
However, the current law on the subject
has far-reaching language that ensnares
misdemeanor offenders and seriously raises
the question whether the punishment
always fit the crime. Many end up serving
life in prison for as little as snatching a
phone.”
Kang’ong’oi Quote
 “The disproportion between crime
committed and punishment is os great that
it is often easier to get away with murder
than robbery. The threshold for what
makes a crime “robbery with violence is so
low that a lot of small-time thieves find
themselves on death row for snatching a
phone.” It was amazing to find the
between 2004-07 person convicted of
robbery were 15,265 an average of 4,000
condemned to die each year. (Pauline
Amana)
Compare The Two
Murder Robbery with Violence
 Heard by High Court  Heard by a Magistrate
 Entitled to legal  No legal representation
representation
 Person must die  Death of person is
 High threshold for immaterial
conviction  Low threshold for
conviction
 Since 1988 Presidents
Death Penalty and the
New Constitution have refused to sign
(1) EVERYONE HAS A RIGHT TO
LIFE
death warrants.
(2)
(3)
LIFE BEGINS AT CONCEPTION
A PERSON SHALL NOT BE
 Therefore the death
DEPRIVED OF LIFE
INTENTIONLY EXCEPT BY THE penalty exist in law, but
EXTENT AUTHORIZED BY THE
CONSTITUTION OR OTHER
WRITTEN LAW.
not in practice.
 The current death
penalty is mandatory life.
 Is the death penalty for
robbery with violence to
server?
Things you Should Know
 The definition and elements of robbery,
robbery with violence, attempted robbery
and attempted robbery with violence.
 What is the mens rea for robbery?
 What are the three way force can be use
in robbery.

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Robbery

 PC 297. (2) If the offender is armed with any dangerous

 Entitled to legal  No legal representation

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