One of the most serious robbery classifications is robbery with violence. Here is a brief look at robbery with violence offense penalty laws and sentences.
What Constitutes a Crime of Robbery in Kenya?
Robbery involves taking another person’s property, in their presence, and by intimidation, violence, or threat. For an offense to qualify as robbery there must be intent to deprive the victim of their property permanently. Robbery is distinguished from larceny in the sense that theft involves the use of intimidation and force.
Violence must be part of the theft for an offense to be considered robbery. If a person uses violence after the theft while escaping from law enforcers, this may not be deemed as robbery.
Finally and most importantly, robbery must be executed in the presence of the victim. Larceny only requires that the belongings that have been taken to belong to another person. These belongings can be taken in the absence of the owner or in secret. However, robbery can only be charged if the victim experienced the crime.
Elements of Armed Robbery
The Penal code, Section 296 (2) sets out the elements of robbery. To qualify as robbery with violence, the evidence of the theft, the number of assailants, whether the appellant was armed with a dangerous weapon, and whether the appellant beat the complainant has to be determined.
Sentence for Robbery
If a person is charged with robbery, they are liable to fourteen years in prison. However, if the offender was armed with an offensive or dangerous weapon, or is in the company of one or more persons, or if he wounds, strikes, beats, or uses any form of violence before, at, or after the time of the robbery, he shall face the death penalty.
If you want to press charges against a person for armed robbery, then make sure you are clear on what constitutes robbery and the ingredients of armed robbery. Depending on the severity of the crime, the extent of your injuries, and the value of the things stolen, the appellant could face a significant number of years in prison or even the death penalty.
Legal source: The penal code