Law-Exchange.co.uk Shared Resource

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Law-Exchange.co.uk Shared Resource

  1. 1. Satvir Daroch
  2. 2. <ul><li>Jack takes his bike for repair at a garage. He is told to return the following day to collect the bike. Jack comes back that night and takes his bike away. </li></ul><ul><li>Is Jack guilty of anything? </li></ul>
  3. 3. <ul><li>Scenario is similar to the case of Turner (No2) (1971) </li></ul><ul><li>Facts are sufficiently similar and so the outcome will not be far off. </li></ul><ul><li>Case deals with the idea of possession and control. </li></ul>
  4. 4. <ul><li>Does an item belong to another when they have possession and control? </li></ul><ul><li>COA says yes. The garage has possession and control of D’s car and as such removing it is theft. </li></ul><ul><li>The other elements of theft must be satisfied also. </li></ul>
  5. 5. <ul><li>Was the d dishonest? </li></ul><ul><li>Has the d appropriated? </li></ul><ul><li>Is it object property? </li></ul><ul><li>Does it belong to another? </li></ul><ul><li>Is there an intention to deprive? </li></ul>
  6. 6. <ul><li>  </li></ul><ul><li>Jack sees the error of his ways, when he returns to pay for his bike repairs he cannot understand the mechanic because they speak different languages. Jack opens his wallet and the mechanic takes a handful of money which is too much. </li></ul><ul><li>Is the mechanic guilty of anything? </li></ul>
  7. 7. <ul><li>The scenario is similar to the facts of the case of Lawrence (1971) </li></ul><ul><li>Facts are sufficiently similar and so the outcome will not be far off. </li></ul><ul><li>Case deals with the idea of appropriation. </li></ul>
  8. 8. <ul><li>If someone offers you something and you take it, can it still be wrong? </li></ul><ul><li>COA says yes it can. The taxi driver had the right to appropriate 50p but instead took £6. </li></ul><ul><li>The HOL agreed with the COA and the D was deemed to have appropriated. </li></ul>
  9. 9. <ul><li>Was the d dishonest? </li></ul><ul><li>Has the d appropriated? </li></ul><ul><li>Is it object property? </li></ul><ul><li>Does it belong to another? </li></ul><ul><li>Is there an intention to deprive? </li></ul>

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