Vinall & Anor v R [2011] EWCA Crim 6252 (16 November 2011)

Vinall & Anor v R [2011] EWCA Crim 6252 (16 November 2011)

The convictions are unsafe because the judge's directions to the jury failed to ensure that the jury considered whether the appellants had the requisite intent to permanently deprive at the time of appropriation, which is essential for robbery. The directions conflated appropriation and intent, creating a risk that the jury convicted on an incorrect legal basis.

Citation
[2011] EWCA Crim 6252
Parties
1st Appellant: George Alfred Peter Vinall; 2nd Appellant: J; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals allowed; convictions quashed.
Legal Topics
Robbery, Theft, Appropriation, Intent to Permanently Deprive, Section 6 Theft Act 1968, Jury Directions
Criminal Law Robbery Theft Appropriation Intent to Permanently Deprive Section 6 Theft Act 1968 Jury Directions

Case Brief

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Parties

George Alfred Peter Vinall

1st Appellant

J

2nd Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 What is required to prove 'appropriation' of property with intent permanently to deprive the owner under the Theft Act 1968?
  2. 2 Whether the judge's directions to the jury on appropriation and intent were correct in law for a conviction of robbery.

Ratio Decidendi

The convictions are unsafe because the judge's directions to the jury failed to ensure that the jury considered whether the appellants had the requisite intent to permanently deprive at the time of appropriation, which is essential for robbery. The directions conflated appropriation and intent, creating a risk that the jury convicted on an incorrect legal basis.

Court Disposition

Appeals allowed; convictions quashed.