The defendant appealed against his conviction for taking a motor vehicle without authority.
Held: Bridge LJ said: ‘where as here, a conveyance is taken and moved in a way which necessarily involves its use as a conveyance, the taker cannot be heard to say that the taking was not for that use. If he has in fact taken the conveyance and used it as such, his motive in so doing is, Mr. Mathieson submits, quite immaterial. It follows, in our judgment, that the trial judge was right, not only to reject the submission of no case, but also to direct the jury as he did, that on the undisputed facts the appellant had taken the Land Rover for his own use. Accordingly the appeal will be dismissed.’
Lord Bridge MR, Wien, Kenneth Jones JJ
[1976] EWCA Crim 1, (1977) 64 Cr App R 54, [1977] RTR 6
Bailii
Theft Act 1968 12
England and Wales
Citing:
Cited – Regina v Bogacki CACD 1973
The three defendants had been charged with attempting to take a motor bus without authority. They had gone to a bus garage late at night and attempted to start the engine of a bus without success. The trial judge directed the jury as follows, . .
Lists of cited by and citing cases may be incomplete.
Crime
Leading Case
Updated: 02 November 2021; Ref: scu.249937
