The defendant was an assistant shop manager. He accepted two cheques which he knew to be stolen from a customer in exchange for goods, by persuading the manager that the cheques were valid. He was accused of theft of the goods. He answered that a sale had been made, and the property transferred to the buyer, and that therefore there had been no appropriation of property belonging to another.
Held: The appeal succeeded. At the time of the actus reus, the ownership was transferred, and there was no property belonging to another.
Judges:
Lane LCJ, Hutchison J, Mantell J
Citations:
[1991] 1 WLR 1334, [1991] 3 All ER 394, Times 24-Apr-1991
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Director of Public Prosecutions v Gomez HL 3-Dec-1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.214196