Theft- Belonging To Another Flashcards
Case of turner
Owners can be liable for stealing their own goods if they are stealing from someone who has lawful possession. The D left his car for repair, he removed it once repaired without paying. Guilty of theft.
Can abandoned property be stolen?
No but this is rare.
Collinson- guilty of stealing the golf balls.
R v Basildon Mags court- guilty of streaking the property donated outside a charity shop. The goods were in the prossesion of the ship at the time.
What is S5(3)?
Receiving property for a particular purpose, the person is under the obligation to deal with it on a special way.
Davidge and Bunnett- D given money for utility bills but spent it on Christmas presents,guilty.
Wain- raised money for charity by doing tele-thon but did not donate the money.
What is S5(4)?
Receiving property by another’s mistake. Failure to make restoration is appropriation.
Gilks- bookmaker overpaid D on the bets he placed. D realised error but did not rein money. Held- betting transactions not enforceable by law S5(4) and D was not guilty.
A-G Reference no.1 1983- D was overpaid. She was charged but acquitted.
S5(1)..
The property appropriated must ‘belong’ to another. Someone else must have possession or control of it or having a proprietary interest in it.
