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R v Hale [1978] 68 Cr App R 415


The two defendants broke into a woman's home. One went upstairs and took some jewellery from her bedroom. After taking the jewellery the two of them tied her up. They were convicted of robbery and appealed on the grounds that the force came after they had appropriate the jewellery and thus did not come within the requirement of being immediately before or at the time of stealing.

Held:

Convictions upheld. The appropriation of the jewellery was a continuing act.

Eveleigh LJ:
"To say the conduct is over and done with as soon as he laid hands on the property is contrary to common-sense and to the natural meaning of the words. The act of appropriation does not cease. It is a continuous act and it is a matter for the jury to decide whether or not the appropriation has finished."
 
Back to lecture outline on The Law of Robbery