The defendant appealed her conviction for theft. She had involved herself in the sale of an elderly relatives house and arranged for a new house to be bought in her and another name.
Held: Hilton was to be distinguished. There, the defendant had carried out a clear act of misappropriation. Here the owner had been deceived into parting with ownership. No case could be found where the act of approriation was the act of the victim. If it was a theft, there would be less theoretical need for the several varieties of deception. The word appropriation connotes a physical act. Since the prosecution had explicitly chosen not to allow a charge of deception, it would not now be allowed to substitute such a charge.
Judges:
Judge LJ, Silber Cox JJ
Citations:
Times 17-Dec-2003
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Distinguished – Regina v Hilton CACD 7-Mar-1997
The defendant on a theft charge was a signatory on an account and caused money to be transferred to other accounts.
Held: The instructions to the bank had caused the transfers, and the defendant had therefore misappropriated the credit balance . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 12 May 2022; Ref: scu.189951
