R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore [...]; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.
Answer
appropriation could take place with or without the consent of the owner
Tags
#crime #law #theft
Question
R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore [...]; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.
Answer
?
Tags
#crime #law #theft
Question
R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore [...]; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.
Answer
appropriation could take place with or without the consent of the owner
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it ould not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore <span>appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.<span><body><html>
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.