R V. ROBINSON
The defendant was owed £7 by a woman. He approached the woman’s husband brandishing a knife, and a fight ensued during which the woman’s husband dropped a £5 note. The defendant picked up the £5 note and demanded the remaining £2 owed to him. The defendant was convicted of robbery contrary to section 8(1) Theft Act 1968. The defendant appealed against his conviction.
HELD: The Court of Appeal quashed the defendant’s conviction for robbery. As he honestly believed he was entitled to the money in law, he did not have the requisite mens rea for theft, and because proof of theft is a necessary pre-requisite for proof of a robbery, the defendant could not have committed a robbery.
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