THE REPUBLIC v. ISSAKA SALIFU

JUDGEMENT:

On the 18th of December 2022, at around 7 am the accused went to the store of the

complainant and requested to buy goods on credit. The shop attendant refused. The

accused went away and returned around 8 pm in the evening weilding a cutlass. He

demanded for the goods again and when he was refused, he entered the store himself

and packed some of the store items including a bag of rice, a pack of bel cola drinks, a

box of tea bag and some other items. He threatened that he would harm anyone who

came close to him and with that fear he succeeded in carrying away the items. He was

confronted that same night by the complainant. The case was later reported and the

accused arrested for committing robbery that is stealing of the items.

The accused does not deny the majority of the facts presented. He admits that he carried

the items away but claims he intended to pay for the items and only took it because the

owner was aware. He does not deny holding the cutlass but denies forcing his way into

the store. He claims that it was one of the attendants who gave him the polythene bag

that he put the items into. He also claims that he did not carry the cutlass with him and

that he took the cutlass from the store.The elements of robbery require prosecution to establish that the accused person for the

purpose of stealing used force or caused harm to the victim or he threatened criminal

assault to the victims with the intention to prevent or overcome the resistance of that or

of any other person to the stealing of the thing. Section 150 of Act 29 provides the

elements of the offence of robbery which prosecution bears the onus of proving as

follows:

150. Definition of robbery

A person who steals a thing commits robbery

(a) if in, and for the purpose of stealing the thing, that person uses force or causes harm to any

other person, or

(b) if that person uses a threat or criminal assault or harm to any other person,

with intent to prevent or overcome the resistance of the other person to the stealing of the

thing

In order to secure a conviction against the accused. See the cases of Behome v The

Republic [1979] GLR 112 and R v Dawson (1977) 64 CAR 112

The essential ingredients are basically to steal a thing by applying force or threat of

force. Prosecution must thus establish stealing and the force or threat of force used to

steal.

The accused is charged with robbery contrary to section 149 of the criminal offences act,

1960 Act 29.