1. Theft: Development of
Appropriation
Please note that the pictures in here are not
by any means an indication of the true
identify of the parties to the proceedings.
They are simply a tool to ease our memories
;)
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8. Theft: Development of
Appropriation Answers
Please note that the pictures in here are not
by any means an indication of the true
identify of the parties to the proceedings.
They are simply a tool to ease our memories
;)
9. Eddy v Niman (1971): The question for the courts to consider
about appropriation was: had D done an act inconsistent with
the true owner’s rights? Here, D had taken goods from the shelf
and placed them in a trolley provided by the store and had not
done an act inconsistent with the rights of the owner.
10. Lawrence (1971): The driver argued had appropriated
the money despite the student consenting to him
taking it.
11. McPherson (1973): Placing of the bottles in a shopping
bag with intent to steal, amounted to appropriation.
12. Skipp (1975): An assumption of the rights of the owner did
not necessarily take place at the same time as the intention
to permanently deprive the owner of it. D intended to steal
the goods from the outset, but he did not appropriate the
goods until they were all loaded and changed the route of
the goods. Until the goods were diverted from the
destination D was acting within the authority of the owner.
13. R v Morris (1983): As soon as D switched the price
labels he had ‘appropriated’ the property.
14. Gomez (1993): There was an appropriation even
though he acted with the authority of the shop
manager. Confirmed that Lawrence was the
appropriate authority on the issue of appropriation.
