Act 9 Illustrations— Penal Code Act 2008 (a) “A” holds “Z” down and takes “Z’s” money and jewels from “Z’s” clothes or person without “Z’s” consent. Under these facts, “A” has committed theft, and in the commission of that theft has voluntarily caused wrongful restraint to “Z”. “A” has therefore committed robbery; (b) “A” meets “Z” on the high-road, shows a pistol and demands “Z’s” purse. “Z” in consequence surrenders his or her purse. “A” has extorted the purse from “Z”, by putting “Z” in fear of instant hurt and being at the time of committing the extortion in his or her presence. “A” has therefore committed robbery; (c) “A” meets “Z” and “Z’s” child on the river bank. “A” takes the child and threatens to fling it into the river, unless “Z” delivers his or her purse. Under these facts, “A” has extorted the purse from “Z” by causing “Z” to be in fear of instant hurt to the child who is there present. “A” has therefore committed robbery on “Z” (d) “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 SP50”. This is extortion and punishable as such; but it is not robbery, unless “Z” is put in fear of the instant death of his or her child. 308. Brigandage. (1) When five or more persons jointly commit or attempt to commit a robbery, or where the whole number of persons jointly commit or attempt to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding is said to commit brigandage. (2) Whoever commits the offence of brigandage, upon conviction, shall be sentenced to imprisonment for a term not exceeding fourteen years and may also be liable to a fine. 156