R v CLOUDEN

(1985) JELR 80167 (CA)

Court of Appeal · 4 Feb 1985 · United Kingdom
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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…