Regina v Fernandez: CACD 22 May 1995

The procuring of the signing of a valuable security when intending to treat the document as one’s own can amount to theft.
Lord Justice Auld said: ‘In our view section 6 (1), which is expressed in general terms, is not limited in its application to the illustrations given by Lord Lane CJ in Lloyd. Nor in saying that in most cases it would be unnecessary to refer to the provision, did Lord Lane suggest it should be so limited. The critical notion, stated expressly in the first limb and incorporated by reference in the second is, whether a defendant intended to ‘treat the thing as his own to dispose of regardless of the others rights ‘The second limb of subsection (1) and also subsection (2) are merely specific illustrations of the application of that notion. We consider that section 6 may apply to a person in possession or control of another’s property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.’
Lord Justice Auld
Ind Summary 22-May-1995, (1996) 1 CAR 175
Theft Act 1968 6(1)
England and Wales
Cited by:
CitedMarshall, 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 . .

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Updated: 27 March 2021; Ref: scu.86662