Offences Against Property Cases

Theft

Theft Case List

 

Property S4

Facts and Point of law

Oxford V Moss

In a student “borrowing” an exam paper before the exam takes they cannot be found guilty of theft of the information as knowledge is not regarded as property for S4. They can be found guilty of stealing the piece of paper as this belongs to the school.

R v Marshall

In Marshall selling on underground tickets at a reduced price to travellers and making a profit from unused day passes (which he had asked people for on leaving a tube station) he was dealing with property of the London Underground. When a ticket was lawfully purchased it was only the right to use the ticket for that individual (an intangible right) on the underground that was bought and once they had finished travelling the right to use the ticket went back to London underground. This approach would apply to any other prepaid tickets such as car parks and train/bus passes.

R v Kelly

Body parts stolen by K were said to be property as, unlike a corpse (which is not property), skill had been applied to dissecting the parts and as the theft act is about protecting a person’s rights over items which have some commercial value the parts were property.

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