The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980
moynes_cooper1956 A workman received a paypacket containing andpound;7 more than was due to him but did not become aware of the overpayment till he opened the envelope some time later. He then kept the andpound;7. Held: Where the accused received property innocently but later decided to fraudulently appropriate it, this was held not to be … Continue reading Moynes v Cooper: 1956
The defendant, a sup-post office mistress, appealed against her conviction for larceny by the use of of ‘false pretences’. Held: When considering the word ‘fraudulently’ from the phrase ‘fraudulently and without claim of right made in good faith’ , it is for the judge to define whether a state of mind, once ascertained as a … Continue reading Regina v Williams: 1953
The House confirmed a declaration granted as to validity of a rule of association notwithstanding the absence of any dispute. The House considered the nature of the threat required to establish a defence of duress.Lord Wright observed that the word ‘menaces’ is to be liberally construed and is not limited to threats of violence, but … Continue reading Thorne v Motor Trade Association: HL 1937
The respondents had been charged under section 33(1) of the 1916 Act with receiving from a child aged seven years, certain articles knowing them to have been stolen. Held: A child under eight years was deemed in law to be incapable of committing a crime: it followed that at the time of receipt by the … Continue reading Walters v Lunt and another: 1951
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the cheques they had in law been ‘obtained’ by him in Jersey. Held: As … Continue reading Regina v Harden: 1962
The defendant had collected golf balls lost on a golf course while trespassing. He appealed his conviction of theft by finding. Held: The appeal failed: ‘There can be no animus domini unless the thing is known of; but an intent to exclude others from it may be contained in a larger intent to exclude others … Continue reading Hibbert v McKiernan: KBD 22 Apr 1948
The court felt bound to follow the interpretation of the meaning of bailee in the 1916 Act from Matthews, even if, given the freedom to do so it would have interpreted it differently: ‘the present case falls four square within the decision in Reg v Matthews . . That case having been quoted in the … Continue reading Thompson v Nixon: QBD 1966
At Liverpool Pier Head a sailor on shore leave waiting for the ferry was surrounded by two men, one standing on either side of him, who nudged him on the shoulder, causing him to lose his balance. While trying to keep his balance, a third man got . .
(Court of Crown Cases Reserved) Interpretation of bailee in law of larceny. Citations: (1873) 12 Cox CC 489 Cited by: Cited – Thompson v Nixon QBD 1966 The court felt bound to follow the interpretation of the meaning of bailee in the 1916 Act from Matthews, even if, given the freedom to do so it … Continue reading Regina v Matthews: CCCR 1873
