R v Lockley – 1995 – Case Summary

R v Lockley [1995] Crim LR 656

Robbery under Section 8(1) Theft Act 1968, appropriation is a continuing act

Fact:

The accused person took cans of beer from a liquor store without paying for them. The store owner attempted to stop the defendant from leaving the store with the stolen items, but the defendant attacked the store owner in order to escape. The defendant was found guilty of robbery and appealed the conviction, claiming that a previous court case, R v Gomez, had overruled a different case, R v Hale, regarding the question of whether the act of taking something without permission was a continuing act.

Issue:

The defendant argued that his conviction for robbery, which is defined in section 8(1) of the Theft Act 1968, cannot be upheld because it requires proof of a completed theft, as defined in section 1(1) of the Theft Act 1968, along with the use of force against a person at the time of the theft or immediately before it. He claimed that the theft of the cans was completed before the assault on the store keeper. He further stated that the court decision in R v Hale, which held that taking something without permission was an ongoing act, had been overruled by R v Gomez and that the act of taking something without permission is complete when the defendant does an act that shows they assume ownership of the property. Based on this, he argued that the act of taking the cans was complete before the assault on the storekeeper and therefore, it did not amount to robbery.

Held:

he court determined that the case of R v Hale had not been overruled by the decision in R v Gomez regarding the point at issue. For the purpose of determining whether an act is robbery, taking something without permission is considered a continuing act, and it is up to the jury to decide whether the theft was completed before the use of force. As a result, the defendant’s conviction for robbery was upheld.

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1. Read the question carefully: Make sure you understand what the question is asking before you begin writing.
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