appropriation Flashcards
Define appropriation
s3 (1) - any assumption by a person of the rights of an owner amounts to an appropriation and this includes where he has come by the property (innocently or not) without stealing it, any later assumption of a right to keeping or dealing with it as an owner
what is appropriation?
the act of taking something and dealing with property as if you own it
give examples of appropriation
destroying property, picking up an item, throwing items away, taking an item, worthless cheques, receiving gifts for others and keeping them
how did the definition of appropriation change
s 3(1) replaced the word of taking with appropriation
this can be any rights of ownership rather than all.
can take a wide definition of the word
R v Vinall (2011)
Legal principle: the D must assume at least one right of ownership
The defendants were seen by 2 cyclists who they subjected to verbal abuse and then punched one on the bike, made threats and chased them. The Ds walked away and picked up a bike and left it as a nearby bus station (problems: intention to perm deprive? robbery?)
act of appropriation:
- the initial taking of the bike
- the act of abandoning the bike
R v Pitham and Hehl (1977)
Legal principle: appropriation can be assuming the right to sell the property even if it is never removed
D ‘sold’ furniture belonging to another person and in that persons house. This was held to be appropriation, the offer to sell was an assumption of the rights of an owner and the appropriation took place ATP. it didn’t matter if it wasn’t removed, even if the owner was never deprived of the property, D had still appropriated it by assuming the rights of the owner to offer the furniture for sale
R v Morris (1983)
Legal principle: it does not have to be ALL rights of ownership that are assumed,
D had switched the price labels of two items on the shelf in a shop, he had then put one of the items (lower price) in to a basket provided by the store for shoppers and taken the item to checkout where he was arrested. Rights to put a price labels on the goods was a right that had been assumed
Lawrence v Commissioner for Metropolitan police (1972)
Legal principle: appropriation can happen even with the owners consent
An Italian student, who spoke little English, arrived at Victoria station and showed an address to Lawrence, (taxi driver) the journey cost 50p but Lawrence told him it was expensive. The student got out £1 for Lawrence but he said it was not enough so the student opened his wallet and allowed Lawrence to take out a further £6.
R v Gomez (1993)
D was a shop assistant, he had persuaded the manager to accept in payment for goods, 2 cheques which he knew were stolen and had no value, the court found this act expressly or impliedly authorised by the owner of goods or consented to by him or her could amount to an appropriation of the goods
R v Hinks (2000)
Legal principle: appropriation can still happen if its a valid gift
D was frieds with Hohn Dolphin
R v Atakpu and Abrahams (1994)
