Appropriation s.3 Flashcards
what is appropriation
any assumption by a person of the rights of the owner s3.1
Define assumption
assuming the rights without being offered or given the rights
Define rights
The right is usually that of possession but it doesn’t have to be possession
Define the rights of the owner
this is not defined
Which case stated in the HL that you only have to assume one of the rights of the owner and which case then confirmed it
R V Morris stated its and R V Gomez confirmed
Case facts of R V Morris
switching labels of supermarket goods, intending to buy the goods at a lower price
Arressted before he got to the check out as there was an appropriation of the owner which was the right to determine price
What happened re. courts and appeals in R V Morris
appealed on the basis there was no appropriation as he had not gone through the check out so he was not in possession
HL said it was enough for the prosecution to prove any of the rights of the owner for appropriation to have taken place
Appropriation has become very wide and includes situations such as;
give a hypothetical situation regarding when a shopper would be appropriating
selling, using, destroying, touching, hiring out, consuming etc
By putting food in basket, but also picking food up and then putting it back down
Following the rule every shopper would be appropriating but why would this not be theft
because no intention to permanently deprive and no dishonesty; all 5 elements of theft need to be covered
Name the circumstances which are examples of where there is appropriation
1) Where D obtained possession legally
2) where d s not in the possession of property
3) where the owner consents to the actions of D
4) Appropriations of gifts s.3.2.
5) Appropriation as a continuing act theory
What does appropriation normally mean
taking poisonous there and then but it can also occur after possession has been taken
Given an example of appropriation after D has had possession
Alice offers to sell a book, which has been leant to her, Alice has legal possession of the book but appropriates it when she tries to sell it
case for appropriation after possession
Pilgrim V Rice Smith; shop assistant who was in lawful possession of goods, appropriated them when she underpriced them and sold them to a friend
Which case showed there could be appropriation despite not being in possession of the property
R V Pitham and Hehl;
asked to look after his friends house whilst he was in prison and sold some of his furniture; he had assumed the rights of the owner and the appropriation occurred when he made the offer to sell
What does the theft act say regarding consent
The Theft Act does not say that appropriation has to be within the consent of the owner
case re. consent and appropriation
R V Lawrence;
An Italian student with little english paid for a taxi £1 which was 55p, driver said this was not enough and the student allowed him to take a further £6 from his open wallet
Principle coming from R V Lawrence
both CA and HL said there had been an appropriation
What did the HL rule in R V Gomez re. consent
an act may bean appropriation even if it is done with the consent of the owner
What dd Lord Lowry in R V Gomez argue
that such case should be dealt with as deception S15 Theft Act
What is the issue with appropriation and gifts
is you are given gift is there any appropriation?
What was the decision in R V mazo re. gifts
That a gift is valid according to civil law. If the donor was mentally competent, the donee has absolute title in the property and so there is not appropriation because the donee is already the owner.
Case facts R v Mazo
Maid was convicted of theft for stealing large amounts of money, However it was decided there was no appropriation because the money was given as gifts and he had authorised the cashing of the checks, although his mental capacity had been weakened as he was 89 he was still mentally competent
Where was the decision of Mazo not followed
R V hinks:
convicted of theft as he had accepted the gift of a 53 year old man who had low IQ, although he was still mentally competent
Judge at first instance directed the jury to convict
What was the outcome of the appeal in Hinks
CA upheld the conviction but sent the case to HL on a point of general public importance; Could appropriation of a gift take place?
3:2 Majority ruled yes as the acquisition of a gift from a vulnerable and trusting person could be an appropriation
What did R V Gomez suggest about continuing acts in Theft
Appropriation could not be a continuing act in theft
Which case confirmed R V Gomez regarding continuous act theory
R V Atakpu & Abrahams which confirmed Gomez and stated that an appropriation that occurs at one point in time is not a continuous act
case facts of Atakpu
Hired a car in Germany and then brought it back to the Uk and stopped at borders for theft. The appropriation took place in Germany and not in England and the continuing act theory does not apply so there could be no theft.
HL judgement indicated ‘D must be on the job’
Which offences in no use of continuing act theory inconsistent with?
Battery -Fagan
and robbery
