Belonging to another s5 Flashcards
which section number does belonging to another fall within
s5
Ownership of the stolen item is not necessary, what may be sufficient
possession or control
e.g. L borrows a book from a library which F then steals, this can be appropriation despite the property not belonging to L
What can belonging to another also refer to
another person than the owner
What is joint ownership
Just because D owns property with V this does not mean he is incapable of stealing it e.g. in a solicitors firm could steal despite being a partner
Why is it that theft can occur when you have a joint ownership in it
because someone else has a proprietary interest
Case showing joint ownership
R v Webester: got sent an incorrect army medal which he then went onto sell on ebay as the Ministry of Defence still had a proprietary interest in the property
case showing the owners can steal their own property
R V Turner:
took car to the garage to be repaired, he then drove off without paying, liable for stealing his own car because the garage had possession of the car at the time
Case showing the lost items are still the property of the loser
Rostrom and Collinson:
D collected golf balls from a lake, as good trade in lake balls, argued that balls had been abandoned however the CA said that the lost balls belonged to the gold club
What is the crucial detail in cases of lost items
whether the item was lost or it had been abandoned, if to had been abandoned then there is no theft
what section number is property received for a particular person
s.5.3
when can a person be convicted under s5.3.
where he has acquired the property if he was under an obligation to deal with t in a particular way- then the property will still be considered to belong to the other
Case for s.5.3
Davidge V Bunnett
D shared a flat with others, who gave her cheques to pay the gas bills but she bought christmas presents with it
Case which shows misappropriation is theft
R V Cullen
V sent D with £20 to buy food which he spent on something else
Which section number is property obtained by another’s mistake
s.5.4
Give an example situation of s.5.4.
Being overpaid wages and keeping the wages
What is D expected to do when property is obtained by another’s mistake
A person who gain property by mistake is under an obligation to make restoration
Case for s5.4
AG ref no 1 1983- policewoman overpaid wages
Another case for s5.4
R V gilks- overpaid winnings by book makers, he kept overpaid amount and was convicted of theft
The property must belong to another at the time of
dishonest appropriation
For crim liability AR and MR should coincide therefore
the time when D dishonesty appropriates the property mist be at the same time the when the property belongs to another
In contract law what happens when the property passes
it becomes irretrievable e.g. putting petrol in the tank when it is the tank and mixes with he other petrol
Case when property was irretrievable
Edward V Ddin: d filled his tank with petrol and drove off
In the situation of Edward V Ddin why could there be no theft
because at the time the property became irretrievable there was no dishonest appropriation, however if he had gone into the garage with the intention to not pay the he could be convicted of theft
What is the important rule with property and if it actually belongs to another at the time of appropriation
establish the point at when he forms dishonest intent
What new offence has been established to cover the loophole as seen in Edward V Ddin
“Taking off without payment” s.3 Theft Act
