The Queen vs Kanagasabay – clr volume 2 page 014

In The Queen v. Kanagasabay, the court considered whether the impulsive taking of a bill-hook during an altercation, without prior intent to permanently deprive the owner, constituted robbery under section 380 of the Penal Code. It was held that such an act did not meet the statutory requirements for robbery, as there was no proven intention at the time of the taking to cause permanent deprivation or wrongful gain. The decision reaffirmed the principle that, under sections 21, 22, 366, 379, and 380 of the Penal Code, a “dishonest” taking must involve an intent for permanent deprivation at the moment of the act. The court’s analysis established that a temporary or retaliatory taking, devoid of premeditated dishonest intent, falls outside the definition of robbery, leading to the conviction