chapter  14
ROBBERY, BURGLARY AND OTHER OFFENCES IN THE THEFT ACTS
Pages 38

D and another man in a car park approached V, whom they knew, and told him they were going to take his car. D then punched V and pulled out a knife, while the co-defendant held V, and took V’s car keys. They then drove off in the car. The car was found soon afterwards, abandoned about one kilometre away. D was convicted of robbery but the conviction was quashed on appeal. The Court of Appeal held that the trial judge had misdirected the jury on the issue of intention to permanently deprive. The judge had given the jury the impression that a forcible taking was enough to show an intention to permanently deprive. This was not the law. The judge had also failed to deal with the relevance of the car being abandoned by D after a short time. D was also convicted of assault occasioning actual bodily harm and that conviction was upheld.