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10 Cards in this Set
- Front
- Back
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Belonging to another definition |
Property shall be regarded as belonging to any person having possession or control of it or having in it any proprietary right or interest |
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R v Webster |
Where property is mistakenly sent to another the sender still retains ownership of the property called a proprietary interest. Even though the receiver has possession and control of the property it still belongs to another and should be returned to the other |
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R v Turner |
Possession and control was retained by the garage until payment has been made for the repairs Mop more appropriate |
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R v Woodman |
Even where the owner of the property doesn't know of its existence they still retain ownership of the property as long as there is sufficient evidence to show they had sufficient control of it |
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Williams v Phillips |
Abandoned property Unless the owner of the property has fully given up ownership, ownership and control property can't be classed as abandoned. So ownership and control of rubbishy is passed by the council so any possession of such property is said to belong to another |
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Davidge and Bunnett |
Property to be dealt with in a certain way Where the D is under an obligation to deal with another's property in a particular way any use of the property that doesn't fulfil this obligation means the property belongs to another |
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DPP v Huskinsson |
Abandoned property Where the D is under a moral but not a legal obligation to deal with another's property in a specific way any use of the the property that is different from this obligation doesn't mean the property belongs to another |
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R v Wain |
Property subject to trust Where D has gained money from others for a charity this is regarded as holding the money on trust for the charity. Dealing with the money in any way that doesn't give the charity the money is regarded as a breach of trust and therefore the property belongs to another |
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AG ref no1 of 1983 |
Mistakenly received property Where the D knows that they have mistakenly received property and fails to give it back this regarded as belonging to another |
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R v Gilks |
Mistakenly received property Where the property can't be legally recovered through the courts then even though the property is obtained by mistake it is not regarded as belonging to another eg betting illegal drugs |
