s5 belonging to another AR

Cards (4)

  • possession or control 

    R v Turner - D took car for repairs at garage, repairs finished and car left on side of road. D called to say he would collect and pay the next day, but took car without paying. Garage were in possession/ control of the vehicle at the time.

    R v Woodman - A sold scrap metal to B. left some unaccessible, D then went to remove it
  • leaving goods for collection = remaining in possession
    Ricketts v Basildon M Courts
  • proprietary interest - guilty
    R v Webster - send two medals, and sold one on ebay, MoD had interest
  • s5(3) and 5(4) covered *(no longer needed)*
    •trust property
    •property received by obligation
    •property received by mistake->not always legally obliged to return e.g. bets R v Gills