Robbery – Section 390 of the Penal Code

Elements

1. Accused has committed theft or extortion; and
2. Accused has used, attempted or threatened to use violence in order to commit the offence

When is theft “robbery”

1. Theft is “robbery” where the person in order to commit the offence;
2. or in the process of committing the offence;
3. or in the process of fleeing with the stolen property;
4. voluntarily causes or attempts to cause;
   • death
   • or hurt
   • or wrongful restraint
   • or fear of instant death
   • or of instant hurt
   • or of instant wrongful restraint
5. And where (4) is done in order to further their intention of committing the offence, or fleeing with the stolen property

When is extortion “robbery”

1. 1. Extortion is “robbery” where the offender is present;
   2. and puts a person in fear and commits extortion;
   3. by putting that person or another person in fear of;
      • instant death
      • or instant hurt
      • or instant wrongful restraint
   4. and if, due to this fear, the person gives up the item demanded for extortion;
   5. and the person gives up the item, there and then, on the spot

*Present – The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Examples

1. A holds Z down, and dishonestly takes Z’s money and jewels from Z’s clothes, without Z’s Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
2. A meets Zon the high road, shows a pistol, and demands Z’s Z, in consequence surrenders his purse. Here A has extorted the purse from Z, by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
3. A meets Zand Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child, Z being present. A has therefore committed robbery on Z.
4. A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
5. Z is walking along a road. A on a motorcycle snatches Z’s handbag and in the process cause hurt to Z. A rides away with Z’s handbag. A has therefore committed robbery

Punishments for Robbery

General punishment (s 392): Imprisonment of a minimum of 2 years and a maximum of 10 years AND minimum 6 strokes of the cane.
If the offence is committed after 7.00pm and before 7.00am the punishment will be more severe à Imprisonment of a minimum of 3 years and a maximum of 14 years AND minimum 6 strokes of the cane.
Attempted robbery (s 393): Imprisonment of a minimum of 2 years and a maximum of 7 years AND minimum 6 strokes of the cane.
Voluntarily causing hurt in robbery (s 394): Imprisonment of a minimum of 5 years and a maximum of 20 years AND minimum 12 strokes of the cane.
Gang robbery (s395): Imprisonment of a minimum of 5 years and a maximum of 20 years AND minimum 12 strokes of the cane.