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  Overview of the Offences of Robbery, Armed Robbery & Attempted Robbery

Overview of the Offences of Robbery, Armed Robbery & Attempted Robbery



Under section 401 of the Criminal Code, “any person who steals anything and at 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 it being stolen or retained is said to be guilty of robbery. The offence may be committed by a fraudulent conversion provided that the element of violence is present.

In R v. Bekum, A and his companions deposited valuable property in B‟s house and went out to buy some meat and were attacked and killed by B who intended to and did in fact steal the property. It was held that this was robbery. But, in the East African case of Njuguna v. Republic, the accused having burgled a house and stolen therefrom was discovered without chase at a distance  of about  five  hundred  yards  where  he  then  resisted  the  complainant  (owner)  with violence. It was held that the offence was not robbery but burglary and theft because the element of using force or violence immediately after the act of stealing was lacking.

In Babalola v. State, it was held that the offence is nevertheless committed provided the circumstances are such that  a reasonable man would anticipate violence therefrom (example where a toy gun is used). Lastly, there must be evidence that the robber actually took or had physical control of the thing the subject-matter of the robbery otherwise it would be only an attempt to rob. But, there is absence of stealing, possession of firearms will be the relevant offence.

Armed Robbery

It is punishment that distinguishes robbery from armed robbery. In Tanko v. State, armed robbery described as stealing plus violence used or threatened. According to Adeyemi v. State, armed robbery is committed when a robber is armed with any firearm or any offensive weapon or any obnoxious or chemical material or is in company with any person so armed; or at or immediately before or immediately after the time of robbery, he wounds any person. The foundation of the offence of armed robbery is the existence of a clear act that amounts to stealing, that is, to convert to ones use or to the use of any other person anything other than immovable property with fraudulent intent. The punishment for armed robbery is death.

Attempted Robbery

Under section 403(1) of the Criminal Code, the offence of attempted robbery is committed when “any person who with intent to steal anything assaults any other person and at or immediately after the time of assault, uses or threatens to use actual violence to any other person or any property in order to obtain the thing intended to be stolen”. A peculiar feature of the offence of attempted robbery is that the element of retention is missing. Thus, the robber did not take the property.


By section 403A, conspiracy to commit robbery makes a person liable as a principal offender. Section 403B defines “firearms” to include any canon, gun, flint -lock gun, revolver, pistol, explosive or ammunition or other firearm whether whole or in detached adapted pieces and “offensive weapon” is any article apart from a firearm made or adapted for use for causing injury to the person or intended by the person, having cutlass, matchet, dagger, cudgel, or any piece of wood, metal, glass or stone capable of being used as an offensive weapon.

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02:48:00  Adeyemi v. State, Babalola v. State, criminal, Criminal Law, Law Lecture Series, lectures, Njuguna v. Republic, R v. Bekum, section 401 of the Criminal Code, section 403(1) of the Criminal Code, Tanko v. State

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