Theft Cases - Property Offencs (paper 1) Flashcards
Pitham (1977)
D sold furniture he did not own to another
Appropriation - assuming the rights of the owner (selling property that does not belong to you)
Morris (1983)
Swapped labels at a shop, was stoped before checkout.
Appropriation- interference with the owners rights.
Lawrence (1972)
Italian student gave taxi driver his wallet, took more than hat was owed.
Appropriation - assuming the rights of the owner, student had only consented to right amount of money being taken.
DPP v Gomez (1993)
Accepted what he knew were worthless cheques telling manager they were valid. D argued it was not appropriation as manger had consented to the sale of the goods.
HL decided to follow Lawrence and overruled decision in Morris - consent is not relevant.
Hinks (2000)
Made friends with low IQ man + made many trips to withdraw money and it into her account ($60000). D tried to argue that the gift was valid.
Still appropriation as it did not matter if the consent was obtained validly or by fraud.
Atapaku & Abrahams
2 Ds acquired luxury cars in another part of the EU using false documentation and brought them back to the UK.
Appropriation has to take place within the UK jurisdiction - not a continuing act .
R v Holden (1991)
D was a mechanic working at a garage. He took tyres as he has seen others doing it and assumed it was a benefit.
He was not convicted as he had an honest belief in a legal right.
R v Small (1998)
D drove a car which has been in the same place for a week and had the key in ignition
Not convicted as he had the honest belief that the car has been abandoned.
DPP v Lavender
D took doors of council flat and used them to replace damaged doors. He has transferred without permission.
Was convicted of theft as he intended to treat the doors as his own.
R v Lloyd (1986)
D was given a film by the projectionist at local cinema + he return the film in time for next showing.
Theft conviction was quashed as there was no way to prove he had the intention to permanently deprive.
Velumyl(1989)
Manager took some money from a safe + he intended to return when he got some Money that was owed to him.
His conviction was upheld as he intended yo permanently deprive the business.
Easom(1971)
D picked up handbag in cinema had a rummage but took nothing as there was nothing he wanted.
Conviction was quashed as there was no evidence that he had an intention to permanently deprive.
