Garrow B considered the nature of the force involved in an act of robbery at common law: ”The mere act of taking being forcible will not make this offence highway robbery; to constitute the crime of highway robbery the force used must be either before or at the time of taking and must be of such a nature to show it was intended to overpower the party robbed and prevent his resisting, and not merely to get possession of the property stolen…’
Judges:
Garrow B
Citations:
[1824] EngR 432, (1824) 1 Car and P 304, (1824) 171 ER 1206
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – RP and Others v Director of Public Prosecutions Admn 25-May-2012
Appeal from conviction for robbery – theft of cigarette out of victim’s hand.
Held: The appeal was allowed. The court recognised the distinction between force applied to the object and the person: ‘ This case falls squarely on the side of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 18 May 2022; Ref: scu.327423