Waters, R. v

Waters, R. v

The judge failed to properly direct the jury on the operation of section 6 of the Theft Act 1968 regarding intention to permanently deprive, creating a real possibility that the jury would have acquitted if properly directed. The conviction is therefore unsafe and must be quashed.

Parties
Respondent: Regina; Appellant: Sian Waters
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Robbery, Theft, Confession Evidence, Jury Directions, Intention to Permanently Deprive
Criminal Law Robbery Theft Confession Evidence Jury Directions Intention to Permanently Deprive

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Respondent

Sian Waters

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to exclude evidence of a confession under sections 76 and 78 of the Police and Criminal Evidence Act 1984
  2. 2 Whether the trial judge gave an incorrect direction to the jury regarding the element of intention to permanently deprive under section 6 of the Theft Act 1968

Ratio Decidendi

The judge failed to properly direct the jury on the operation of section 6 of the Theft Act 1968 regarding intention to permanently deprive, creating a real possibility that the jury would have acquitted if properly directed. The conviction is therefore unsafe and must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed