In Hibbert v McKiernan (1948) the defendant collected lost golf balls in a golf course and sold them. Representatives of the golf club had caught him on numerous occasions and had warned him but the defendant persisted and was eventually arrested, tried and convicted. He appealed on the grounds that the balls were actually lost and therefore he could legally appropriate them.
The conviction was upheld. The golf club had sufficient proprietary rights as owners or managers of the golf course and as a trespasser the defendant could not claim ownership of the golf balls.
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