However, if i picked up her membership card without asking and used it without her knowing then i would have assumed her rights and therefore appropriated the item. If it was a joint purchase, you might consider paying him for his half. Property belongs to someone when he is in possession or control of it or has any proprietary rights or interests in it. The theft only occurs if the defendant were to pick these items and then go onto sell them. S1 states that theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it. Gomez 1993 also found this.
Case Example - Morrison 1983 - The defendant switched the price labels on two items in a supermarket. There can be appropriation with the consent of the owner. The defendant took too much money from the victim for a cab journey. So if the force was used to allow the theft to happen then it is robbery. Where the defendant owns property and is in possession and control of it, he can still be guilty of stealing it if another person has a proprietary interest in it.
The defendant was found guilty of theft as it was decided that the property still belonged to the Ministry of Defence. This should be a question that Bob's family will ask you anyway. If property was received, there can still be theft if there is an obligation to deal with the property in a particular way. So basically, had you given the guitar making it legitimate possession , you wouldn't be allowed to take it against Bob's will. Thus, if X lies about an accident to avoid a claim of , no offence is committed.
So this provides an excuse for criminals however, evidence is needed to prove intention to permanently deprived. The next section does not give the owner an exception to reclaim the property from the actual owner, because the item was not taken by unlawful interference. Section 5- Belonging to another An item is said to belong to another if this person has possession or control over it. The section is also concerned with dishonestly inducing a creditor to wait for payment. It is also theft to take away a pet, such as a cat or a zoo animal.
No changes have been applied to the text. Bob stole the guitar from Joe once he found out it was mine, and is now not allowing either me or Joe to get it back. Note that the Theft Amendment Act 1996 introduced section 1 3 specifically to provide that a loan amounts to a service. Where s 2 1 gave specific situations where a person would be deemed not dishonest. The operation of this provision can be seen in:. Lastly in the Case of Davidge and Bunnett showed that theft can occur when items are voluntarily handed over but not used for the consented purpose. As mens rea, the defendant must make the deception with intent to make permanent default in whole or in part on any existing liability to make a payment of his own, or with intent to let another do so.
This isn't necessarily as painful as it sounds - in England we have the Small Claims Court which is designed for cases like this, with minimal cost to both sides, but your country may vary. In the case of Woodman, the defendant took a van to a disused factory and removed a quantity of scrap metal. Return to the latest available version by using the controls above in the What Version box. It sounds though, like the law isn't the part you need to worry about - but this guy who tends to be aggressive. Case Example - Hinks 2000 - woman accepted in total £60. If you describe it, I'm sure they'll be happy to get it and hand it to you.
Law of Theft, LexisNexis: London. The Act does not extend to Scotland or to Northern Ireland. The cases that can be used for this section are Oxford v Moss, Kelly and Marshall. Although usually a corpse would not be regarded as property, in this case the parts has been preserved for other uses and was therefore regarded as property. Case Example - Turner 1971 - The defendant left his car in a garage for repairs which he would pay for when he came to collect the car.
Case Example - Webster 2006 - The defendant received a second medal from the Ministry of defence which he later sold on Ebay. This formed the idea that you can own property without even knowing it. He held his wallet out to the taxi driver who took a considerable amount more than was due. If the answer is yes 2. Although all transactions seemed to be consensual, the House of Lords upheld that this was more dishonesty than appropriation. Section 6- Intent to permanently deprive As a general rule, merely borrowing something does not form an intention to permanently deprive.