R v Turner [1971]
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R v Turner [1971] 1 WLR 901 addressed the interpretation of the term belonging to another in the context of theft under Section 1 of the Theft Act 1968.
Turner, the defendant, took his car to a garage operated by the victim for repairs. Once the repairs were completed, Turner took his car away without making the required payment. Turner was subsequently charged with theft under Section 1 of the Theft Act 1968. The central issue was whether the car belonged to the victim within the meaning of Section 5(1) of the Theft Act 1968.
The Court of Appeal dismissed the appeal, affirming that the car belonged to the victim under Section 5(1). The court emphasised that property is considered to belong to a person if, at the time of the appropriation, that person is in actual possession or control of it. The court clarified that the words "possession or control" in Section 5(1) did not require any additional qualifications.
In essence, the case established that even if an individual legally owns an item, it can still be considered as belonging to another person for the purposes of theft if that person is in possession or control of the property at the time of the appropriation.
Turner, the defendant, took his car to a garage operated by the victim for repairs. Once the repairs were completed, Turner took his car away without making the required payment. Turner was subsequently charged with theft under Section 1 of the Theft Act 1968. The central issue was whether the car belonged to the victim within the meaning of Section 5(1) of the Theft Act 1968.
The Court of Appeal dismissed the appeal, affirming that the car belonged to the victim under Section 5(1). The court emphasised that property is considered to belong to a person if, at the time of the appropriation, that person is in actual possession or control of it. The court clarified that the words "possession or control" in Section 5(1) did not require any additional qualifications.
In essence, the case established that even if an individual legally owns an item, it can still be considered as belonging to another person for the purposes of theft if that person is in possession or control of the property at the time of the appropriation.
