Regina v Ellames: CACD 1974

The defendant had been charged under s 8(1) and s 25(1) of the 1968 Act with robbery and going equipped for stealing. A robbery had been committed and the accused were later found in possession of articles fit for use in a robbery.
Held: Browne J said: ‘In our view, to establish an offence under Section 25 (1) the prosecution must prove that the Defendant was in possession of the article, and intended the article to be used in the course of or in connection with some future burglary, theft or cheat. But it is not necessary to prove that he intended it to be used in the course of or in connection with any specific burglary, theft or cheat; it is enough to prove a general intention to use it for some burglary, theft or cheat; we think that this view is supported by the use of the word ‘any’ in Section 25 (1). Nor, in our view, is it necessary to provide that the defendant intended to use it himself; it will be enough to prove that he had it with him with the intention that it should be used by someone else.’

Judges:

Browne J

Citations:

60 Cr App R 7, [1974] 1 WLR 1391

Statutes:

Theft Act 1968 25(1)

Jurisdiction:

England and Wales

Crime

Updated: 18 May 2022; Ref: scu.448380