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 pickpocketing and such like, in which there is no direct physical contact between thief and victim. It cannot be said that the minimal use of force required to remove a cigarette from between the fingers of a person suffices to amount to the use of force on that person. It cannot cause any pain unless, perhaps, the person resists strongly, in which case one would expect inevitably that there would be direct physical contact between the thief and victim as well. The unexpected removal of a cigarette from between the fingers of a person is no more the use of force on that person than would be the removal of an item from her pocket. This offence is properly categorised as simple theft.’
Judges:
Mitting J
Citations:
[2013] 1 WLR 2337, [2012] EWHC 1657 (Admin), [2013] Crim LR 151, [2013] 1 Cr App R 7
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Dawson and James CACD 1977
At Liverpool Pier Head a sailor on shore leave waiting for the ferry was surrounded by two men, one standing on either side of him, who nudged him on the shoulder, causing him to lose his balance. While trying to keep his balance, a third man got . .
Cited – Regina v Clouden CACD 1987
The appellant approached a woman who was carrying a shopping basket in her left hand from behind and wrenched it down and out of her grasp with both hands and ran off with it. He was convicted of robbery.
Held: His appeal was dismissed.
‘The . .
Cited – Rex v Thomas Gnosil 14-Mar-1824
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 03 November 2022; Ref: scu.461875
