[case]FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
R v Mitchell [2008] EWCA Crim 850
Tags
#crime #law #theft
Question
[case]FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
?
Tags
#crime #law #theft
Question
[case]FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
R v Mitchell [2008] EWCA Crim 850
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