| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 02 (May) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Sir Roger John Thomas P, Walker and Openshaw JJ (judgment delivered extempore) |
| Representation | Timothy Bowden (instructed by Traymans LLP) for the defendant. |
| Brian John Argyle (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 1 May 2012 |
Catchwords
Criminal Law - Trial - Robbery - Judge - Direction to jury - Defendant assaulting victim and driving off in victim's car - Car being found abandoned half-an-hour later less than one kilometre away - Judge directing jury, inter alia, in relation to offence of robbery and paraphrasing relevant legislation - Defendant being convicted of assault occasioning actual bodily harm and robbery - Defendant appealing conviction for robbery - Whether judge correctly directing jury as to ingredients of offence of robbery - Whether conviction unsafe.
The Case
Criminal Law Trial. The Court of Appeal, Criminal Division, in allowing the defendant's appeal against conviction for robbery, held that the summing up of the judge in relation to the offence had amounted to a misdirection and accordingly the conviction could not be safe.
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