Belonging to another Flashcards
Where is it defined
Theft Act 1968, section 5(1) “Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).”
Does V have to have exclusive possession?
Belonging to another does not necessarily mean that V possessed exclusive ownership of the property appropriated.
Provided V has any of the interests described above the property may ‘belong to’ him for theft purposes – if X borrows Y’s handbag to go to a party and Z is holding it for X when D snatches it, D can be charged with theft from X, Y or Z.
What happened in Wacker
D sells to V a video machine which is faulty. V returns it to D for repair, but D did nothing. V took legal action to get the price back. D then sold the recorder and was charged with its theft. The CA held that this was wrong, there could be no theft unless the prosecution could establish that the video belonged to someone else at the point that D resold it. The problem is when V takes legal action to get the price back, he may have rescinded the contract, making D the sole owner. Prosecution must prove this was not the case
The property must belong to someone but which case show the breadth of s 5(1) is very wide
Sullivan (money found on corpse did not belong to anyone) must be wrong – the deceased’s estate belongs to the state if no-one else.
who will property left to charity belong to?
Property left for collection by the council or a charity is likely to ‘belong’ in law either to the original owner or to the party intended to take it.
What if property is truly abandoned
-However, if property is truly abandoned then it cannot belong to anyone, but this is very rare. V must leave the property and be indifferent as to any future appropriation.
Can rubbish belong to another
Rubbish left remains your property and you can take it back. As to the collection of is, property passes when it is intended to pass, so when the council collect it, it can be inferred it is now the authority’s possession.
Which case showed that rubbish belonged to someone
Williams v Phillips: a dustman sold some of the items he had collected instead of taking them back to the local authority, this was held to be stealing from their employer. Also, they were dishonest as there was an agreement with the local authority that anything of value would be sold and the proceeds shared.
Case for belonging to another for bags left for charity
Toleikis: goods were left out in Charity bags outside homes. D took the bags for himself. The prosecution charged him with stealing the bags from the charity as there was a statement on the bag, that goods donated became their property.
Another charity bag case
Ricketts, bags had been left outside charity shop when it was closed. D took the bag, this was said to be theft from the original owner. He had no abandoned the ownership, but made an incomplete gift to the charity. The gifts remained in his possession, until the charity took ownership. Could have also argued that charity had possession as had control since on their lands.
When we V have possession to control
where she intends to control or possess it, and maintains some degree of control over it.
What happened in Turner (No 2)
D took his car to a garage for repair. The car was locked by the repairer and left outside. D, using a spare set of keys, drove the car away, dishonestly intending not to pay the bill. CA held that the garage had sufficient control over the car; it ‘belonged to another’, and D was guilty of stealing his own car.
Why is Turner criticised?
Turner (No. 2) is criticised because on the CA’s view of the facts D had the right the car (V may have had rights under a repairer’s lien, but this was not relied upon). Cf Meredith where D was held entitled to take back his impounded car. But it would require a non-literal reading to reverse Turner (2) - what should the courts do? It is unlikely that Parliament could have intended that D could steal his own property in this way. The reasoning in Turner was expressed too widely, indicating that appropriation in all such circumstances would amount to the taking of property belonging to another.
For example, If V’s bag is stole, and V then steals is back. V has every right to take it back. This was recognised in Meredith
What happened in Rostron
D and others trespassed onto a golf course at night, with diving apparatus, and took lost golf balls from a lake which was part of the course driving range. D was charged with theft of the balls. The court found them guilty. The balls belonged to the gold course, although the course owners did not intend to collect the balls, they still maintained possession and control over them.
What are proprietary rights-
Proprietary rights/interests may be divided between different parties. Property may belong to more than one person in this sense, and follows D that is a co-owner can steal it from someone else who has shared ownership.
