R v Hale – 1978

R v Hale [1978] 68 Cr App R 415

Robbery under Section 8(1) Theft Act 1968, actus reus, immediately before or at the time of stealing using force on any person.

Facts:

The defendants entered the victim’s house and stole her jewelry box from her bedroom. After taking the box, they tied her up. They were convicted of robbery, but they appealed the convictions, arguing that the crime of theft was completed when they took possession of the jewelry box, and therefore, they did not use force immediately before or at the time of the theft.

Issue:

The defendants argued that the theft was complete when they took possession of the jewelry box and that the use of force on the victim was not immediately before or at the time of the theft. However, this argument was rejected by the court as it was deemed to be contrary to common sense. The act of taking possession of the jewelry box (appropriation) is not a one-time event, but a continuing act that ends when the jury determines it has ended, taking into account the defendants’ entire course of conduct. Therefore, the defendants were still committing theft when they used force on the victim, and they were guilty of robbery under section 8(1) of the Theft Act 1968.

Held:

he defendants in this case were found guilty of robbery, as they had stolen a jewellery box from the victim’s home and used force against her immediately before or at the time of the theft. The defendants appealed their convictions, arguing that the theft was complete when they took possession of the jewellery box, and that the use of force came after the theft had occurred. However, this argument was rejected as it contradicts common sense. The act of appropriation is a continuing act, and the jury determines when it comes to an end, taking into account the defendants’ entire course of conduct. As a result, the defendants’ convictions for robbery were upheld, as the theft should be viewed in its entirety and comes to an end when the jury decides it does.

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Answering problem questions in the University of London LLB programme requires a clear understanding of legal principles, good analytical skills and the ability to apply the law to a given set of facts. Here are some tips to help you answer problem questions effectively:

1. Read the question carefully: Make sure you understand what the question is asking before you begin writing.
2. Identify the legal issues: Identify the legal issues raised by the facts and the relevant laws that apply to those issues.
3. Analyze the facts: Analyze the facts presented in the question, focusing on the details that are relevant to the legal issues.
4. Apply the law: Apply the relevant laws to the facts, making sure to consider all relevant legal principles and cases.
5. Structure your answer: Use a clear and well-structured approach, starting with an introduction that outlines the main legal issues, followed by a discussion of the relevant laws and a conclusion that summarizes your analysis and sets out your conclusion.
6. Use relevant cases and statutes: Cite relevant cases and statutes to support your analysis and help illustrate the legal principles you are discussing.
7. Be concise: Be concise and to the point, focusing on the key issues and avoiding unnecessary detail.
8. Proofread: Proofread your answer carefully to make sure it is error-free and clear.
9. Time management: Make sure you manage your time effectively, leaving enough time to review your answer and make any necessary corrections.

By following these tips, you should be able to answer problem questions in the University of London LLB programme effectively and with confidence. Good luck!