R v CLOUDEN

(1985) JELR 80167 (CA)    
Court of Appeal  ·  4 Feb 1985 ·  United Kingdom
 · 
Other Citations
[1985] Lexis Citation 1483 [1987] Crim LR 56
CORAM
LLOYD LJ, EASTHAM AND FRENCH JJ
Core Terms Beta
person
force
jury
robbery
law
learned judge
case
dawson
james
theft act
cr app rep
grounds of appeal
law commission
police officers
theft
14th floor of a tower block
17th january of last year
19th june
actual person
advice
appeals
cases
count of theft
crown court
detective constable stewart
eastham j
enactment of the theft act
former technicalities of the law of larceny
glebe court
housing estate
inner london sessions
insufficient evidence of resistance
judgment of the court
latter part of the subsection
lawton lj
learned authors
leave of the single judge
number of textbooks
old authorities
part of the police
post-act case
requirement of force
sergeant harrison
shellduck court
simple language
statutory definition
support of the first
three-day trial
words of the statute

EASTHAM J(Reading the judgment of the Court)

On 19th June, 1984, after a three-day trial in the Crown Court at Inner London Sessions, the appellant was convicted of robbery, which was count 1 of a two-count indictment, count 2 being a count of theft.

The facts are hardly in issue. On 17th January of last year two police officers, Detective Constable Stewart and Sergeant Harrison, were keeping observation from the 14th floor of a tower block in a housing estate in Deptford. They saw the appellant follow a woman who was carrying a shopping basket in her left hand. The appellant approached her from behind and wrenched the basket down and out of her grasp with both hands. That is dealt with at p 16 of the transcript, where the learned judge reminded the jury:

"The woman was carrying her shopping bag in her left hand. This defendant approached her from behind and with both hands wrenched the bag down and out of her grasp. He then turned and retraced his steps and they saw him run between She…

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