What was the outcome of KELLY 1998
- Dead bodies which have become some form of artefact or subjected to some specialist process such as mummification ARE PROPERTY for the purposes of the law of theft
- Artist used body parts given to him by a Royal College of Surgeons technician.
- Body parts inc liquids are property once they have become subject to ownership - ie blood bank etc.
Is a buried corpse property?
No, since no owner
Would cutting hair of a person be theft?
No, would be offence against the person.
Hair, like the “grower” is not owned.
What is a “thing in action” or “chose in action”?
A thing whose value can only be secured by means of a legal action
ie. debts, shares, credit balance in bank a/c, copyright etc.
How could a cheque be stolen?
As a thing in action (with transfer of money) or an item of property
What test can be conducted for intangible property?
MARKETABILITY TEST - can the rights they represent be bought and sold - ie. patents, copyrights, quotas.
Also trade secrets and confidential info.
Not information though
Are electricity and gas property?
- Electricity is not, has own provision under theft act.
- Gas is tangible and is ∴ property
Can land be stolen by moving a fence or squatting?
No
What is a Fiduciary?
A person to whom property or power is entrusted for the benefit of another
What is the first task in answering a theft question?
Identify the property
after that pinpoint the act of appropriation and show that it coincides with the MR
What in legal terms does appropriation mean?
Has A assumed the rights of the owner of the property
What occured in Morris (1983)?
- Price tags swapped in a shop
- While not seeking to deprive the shopholder of the goods, this was an APPROPRIATION.
- ∴THEFT COMMITTED as relevant MR
- D had assumed the rights of the owner
What was the effect of GOMEZ 1993
- Electrical store assistant manager supplied goods to acquaintance using stolen cheques.
- Conviction for theft upheld by HoL despite there being no appropriation
- extended impact of MORRIS such that all cases of OBTAINING PROP BY DECEPTION are now also CASES OF THEFT.
What happened in the case of HINKS 1998?
- young mother befriended a 53 year old man who had been left money by his father and was naive, gullible and of limited intelligence
- Over 7 months man gifted £60,000 to D.
- Trial judge directed jury to consider whether they thought HINKS was dishonest.
- Conv of theft and upheld by HoL
- Conviction seem difficult to uphold based on S2 of Theft Act
If an item is picked up in a house, at what point does this become theft?
When the item leaves the house despite the fact that possession took place earlier
Would a wallet lying on the ground be viewed as having an owner?
- Could belong to “a person unknown” as unlikely that it was abandoned.
- Distinction between property lost and prop abandoned.
In what case was it established that putting rubbish in a bin does not amount to abandoning it?
WILLIAMS v PHILLIPS (1957)
- Expectation that rubbish would be collected not taken by anyone else other than the relevant authority
S5 of THEFT ACT mentions trust, if the trust is a charitable trust is affected who will this always include?
The attorney-general
In what case did a travel agent take deposits for flights to the US go bankrupt?
HALL 1972
- Placed deposits in gen a/c despite it becoming apparent that he was becoming insolvent.
- Conv for theft quashed as under no special obligation to do anything special with the deposits such as buy the tickets.
- Only if transferree earmarks money will it not go towards general purposes of firm
What is a case where overpayment restoration is not enforceable?
A Gambling Contract
