Shuib, R. v [2024] EWCA Crim 1333 (23 October 2024)
The judge's answers to the jury's questions were correct in law; a threat of violence or force is sufficient for robbery and does not require the use or presence of a weapon. The appellant's argument that the absence of a weapon precluded conviction was not supported by the law or the way the case was put at trial.
- Citation
- [2024] EWCA Crim 1333
- Parties
- Respondent: Rex; Appellant: Rahil Shuib
- Jurisdiction
- England and Wales
- Judgment Date
- 23 October 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Robbery, Jury Directions, Appeal Against Conviction, Use or Threat of Force, Weapons in Robbery
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Rahil Shuib
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge's answers to jury questions on the elements of robbery were legally correct
- 2 Whether the absence of a weapon precluded a conviction for robbery given the way the Crown put its case
- 3 Whether the judge should have directed the jury that a finding of no weapon required acquittal on robbery
Ratio Decidendi
The judge's answers to the jury's questions were correct in law; a threat of violence or force is sufficient for robbery and does not require the use or presence of a weapon. The appellant's argument that the absence of a weapon precluded conviction was not supported by the law or the way the case was put at trial.
Court Disposition
appeal dismissed
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