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.
Is Jack guilty of anything?
3.
Scenario is similar to the case ofTurner (No2) (1971)
Facts are sufficiently similar and so the outcome will not be
far off.
Case deals with the idea of possession and control.
4.
Does an item belong to another when they have possession and
control?
COA says yes. The garage has possession and control of Ds car
and as such removing it is theft.
The other elements of theft must be satisfied also.
5.
Was the d dishonest?
Has the d appropriated?
Is it object property?
Does it belong to another?
Is there an intention to deprive?
6.
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.
Is the mechanic guilty of anything?
7.
The scenario is similar to the facts of the case ofLawrence
(1971)
Facts are sufficiently similar and so the outcome will not be
far off.
Case deals with the idea of appropriation.
8.
If someone offers you something and you take it, can it still
be wrong?
COA says yes it can. The taxi driver had the right to
appropriate 50p but instead took 6.
The HOL agreed with the COA and the D was deemed to have
appropriated.
