The House analysed the authorities on the law of larceny and robbery, and declared its current state. While in earlier times robbery may have been limited to where there was actual violence, it became sufficient that there was ‘a putting in fear of violence as by a threat of violence’.
Lord Pearce discussed the common law elements of robbery: ‘The essence of the offence is that violence is done or threatened to the person of the custodian who stands between the robber and the property in order to prevent or overcome his resistance and oblige him to part with the property and submit to the thief stealing it.’
Judges:
Lord Morris of Borth-y-Gest
Citations:
[1965] AC 960
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Desmond CCA 1964
. .
Cited by:
Cited – Director of Public Prosecutions v Gomez HL 3-Dec-1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 April 2022; Ref: scu.214202