Theft Cases

Pitham and Hehl (Appropriation)

D stole furniture belonging to another. Held to be an appropriation. The offer to sell was an assumption of the right of an owner.

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Morris (Appropriation)

D switched the price labels of 2 items in a supermarket. Put the cheapest item in his basket. He didn't go through checkout when he was arrested. HofL said it was enough for the prosecution if they proved the assumption of any of the rights of owner.

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Lawrence (Consent to the appropriation)

An Italian student with little English got into a taxi and showed an address to the driver. It should of cost 50p but the driver said it was more, student opened his wallet, D took £6. D said V consented to him taking more. CofA and HofL rejected thi

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Gomez (Consent to the appropriation)

D was an assistant manager of a shop. Persuaded the manager to sell goods worth over £17,000 to a friend and to accept the £ by 2 cheques. D said they were good in cash. Cheques were stolen and had no value. D charged with theft. HofL said there was

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Hinks (Consent without deception)

Hinks was a 38yr old women who befriended a naive man with low IQ. Mentally capable of understanding ownership and giving a gift. D was given £60,000 by V and a TV. Judge said she was dishonest to accept the gifts.

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Kelly and Lindsay (Property)

K a sculptor asked L to take body parts from the Royal College of Surgeones where L worked. Convicted of theft and appealed as body parts are not property. CofA held dead body is not propery but they belonged to the college who used them to teach.

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Turner (No 2) (Belonging to another)

Turner left his car at the garage, agreed he would pay when he picked up the car later, when the repairs were almost finished D took the car using a spare key without paying for the repairs. CofA held garage was in possession of the car. Guilty.

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Woodman (Belonging to another)

Company sold their scrap metal to another company, unknown to they they left some on site. D took the remaining scraps, convicted of theft as company was in control of the site.

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Hall (Property received under an obligation)

D a travel agent received a depost from clients for air trips. He paid the deposts into the firms general account, never organised the tickets &was unable to return the money. Conviction quashed no obligation to deal with them in a particular way.

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Klineberg and Marsden (Property received under an obligation)

D's owned a company sold time shares for apartments abroad. Over £500,000 was paid to the D's only £233 paid into the trusts company account. Guilty under an obligation to deal with the £ in a particular way.

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Wain (Property received under an obligation)

D organised events for a charity. D paid the money into a special bank account, with permission from the charity he transferred it to his account, spent it and was unable to pay them back, convicted.

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Davidge V Bunnett (Property received under an obligation)

D guilty of theft when she was given money by her flatmates to pay bills and used it to but christmas presents. Legal obligation as there was an intention to create legal relations under contract law.

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AG Ref (No 1 of 1983) (Property received under an obligation)

D's salary was paid into her bank electronically. She was mistakenly overpaid by £74.74 she was under an obligation to make restorations ans if there was a dishonest intention not to make restoration, all elements of theft would be present.

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Robinson (Dishonestly)

D ran a clothing club and was owed £7 by V's wife. D approched V and threatened him. During a struggle V dropped £5. D took it. Charged with robbery, quashed as D's belief that he had the right to take the money meant he was not dishonest.

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Feely (Dishonestly)

D manager of a bookmakers. Said to all employees that 'borrowing from the till had to stop. D knew this but took £30, at this time he was owed £60 by the company. Question for the jury, was he acting dishonestly.

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Ghosh (Dishonestly)

D was a doctor who claimed fees for an operation he didn't carry out. Said he was not dishonest as he was owed that much in consultation fees anyway. Jury were to apply their own standards to decide if what he did was dishonest. CofA set up the test

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Velumyl (With intention of permanently depriving)

D a company manager took £1050 from the safe. Said he was owed money by a friend and he would replace it when he was repaid. Conviction upheld as he intended to permanently deprive of the specific banknotes

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DPP v Lavender (With intention of permanently depriving)

Took doors from a council house which was being repaired to use in his girlfriends council flat. Doors were still in possession of the council but had been transferred without permission, he intended to use the doors as his own so he was guilty.

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Easom (With intention of permanently depriving)

D picked up a handbag in the cinema, rummaged through and didn't take anything. Convicted of theft, quashed by CofA. Held a conditional intention was not enough.

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Raphael and Another (Intention to treat the things as his own)

2 D's took V's car with force and demanded payment for its return. There was a theft as they intended to treat the car as their own.

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Theft Cases

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