Lord Lane LCJ said: ‘Bearing in mind the observation of Edmund Davis LJ in Warner (1970) 55 CAR 93, we would try to interpret the section in such a way as to ensure that nothing is construed as an intention permanently to deprive which would not prior to the 1968 Act have been so construed. Thus the first part of section 6 (1) seems to us to be aimed at the sort of case were a defendant takes things and then offers them back to the owner for the owner to buy if he wishes. If the taker intends to return them to the owner only upon such payment, then, on the wording of section 6 (1) that is deemed to amount to the necessary intention permanently to deprive;’
Judges:
Lord Lane LCJ
Citations:
[1985] EWCA Crim 1, [1985] QB 829, (1985) 81 CAR 182
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 October 2022; Ref: scu.247955