The defendant appealed his conviction of theft of materials from an abandoned industrial site.
Held: The appeal failed. ‘ there was evidence of English China Clays being in control of the site and prima facie in control of articles upon the site as well. The fact that it could not be shown that they were conscious of the existence of this or any particular scrap iron does not destroy the general principle that control of a site by excluding others from it is prima facie control of articles on the site as well.’
The Lord Chief Justice of England (Lord Widgery),
Mr Justice Ashworth,
And,
Mr Justice Mocatta
[1974] EWCA Crim 1, [1974] 2 All ER 955, 138 JP 567, [1974] QB 754, [1974] 2 WLR 821, 59 Cr App Rep 200
Bailii
England and Wales
Citing:
Cited – Hibbert v McKiernan KBD 22-Apr-1948
The defendant had collected golf balls lost on a golf course while trespassing. He appealed his conviction of theft by finding.
Held: The appeal failed: ‘There can be no animus domini unless the thing is known of; but an intent to exclude . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 December 2021; Ref: scu.249930