Belonging to another

Question 1

Theft act 1968 s5

Answer 1

Owning, Possessing or controlling. Owner retains propriety interest in their lost possessions so even if you lose something it’s still your property )

Question 2

Turner No. 2 (possessing)

Answer 2

D took car from garage without paying for repairs , the garage possesses the car until it’s repaired

Question 3

Woodman (controlling)

Answer 3

D took scrap metal from a company forecourt, but the company don’t know they had it, the company is still in control of the goods

Question 4

R v Basildon Magistrates (owning)

Answer 4

Defendant took a bag of clothes outside of a charity shop (someone had left the clothes there)

Question 5

Theft Act 1968 s5 (4)

Answer 5

Receiving property by mistake but you still have a legal obligation to give it back

Question 6

Gilks

Answer 6

Defendant got overpaid but didn’t return the payment

Question 7

Webster

Answer 7

Defendant received a war medal but instead a duplicate was sent and he had sold it

HE HAD RECEIVED PROPERTY BY MISTAKE

Question 8

Theft act 1968 s5 (3)

Answer 8

Property still belongs to another if you use it for the unintended purpose

Question 9

Davidge & Bennett

Answer 9

defendant was given money to pay for a bill but instead used it to buy presents instead