Regina v Phipps: CACD 1970

Where a person has been given permission by the owner of a motor vehicle to take and use it for a particular purpose, but on completion of that purpose fails to return it and thereafter uses it without any reasonable belief that the owner would consent to the use, he is to be regarded as having taken the vehicle without the owner’s consent or other lawful authority.

Citations:

(1970) 54 Cr App R 300

Statutes:

Theft Act 1968 12

Jurisdiction:

England and Wales

Cited by:

ApprovedMcNight v Davies 1974
The court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an . .
CitedMcMminn v McMinn and Another QBD 11-Apr-2006
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility.
Held: ‘insurers do not have to prove that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.242637