Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

R v Clouden - 1987

312 words (1 pages) Case Summary

5th Oct 2021 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Legal Case Summary

R v Clouden [1987] Crim LR 56

Robbery contrary to section 8(1) Theft Act 1968, is use of force on a person a pre-requisite.

Facts

The defendant approached the victim from behind whilst she was carrying a shopping basket in her left hand. He wrenched the basket down from her grasp and ran off with it. The defendant was convicted of robbery under section 8(1) Theft Act 1968 and appealed against his conviction claiming the wrenching of the basket did not constitute the use of force on any person and, therefore, the trial judge’s direction to the jury regarding the use of force was deficient.

Issues

Robbery is an aggravated type of theft and so proof of a theft is necessary together with the use of force on any person immediately before or at the time of the theft under section 8(1) Theft Act 1968. The defendant’s argument that the wrenching of the basket could not amount to the use of force on any person was rejected by the Court of Appeal. There is no distinction to be found between the use of force on a person and the use of force to property which causes force to the person. The question of whether force has been applied is a question of fact for the jury to decide. It was open to the jury to find that the wrenching of a shopping basket from the victim’s hand amounted to the requisite use of force to constitute the offence of robbery.

Decision / Outcome

The defendant’s conviction for robbery was upheld. The wrenching of a basket from a victim’s hand could constitute the requisite use of force under section 8(1) Theft Act 1968.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles