As per section 5 of the theft act ownership of property can be temporarily vested in another. In R v Turner (No 2) (1971) the defendant took his car to a garage for repairs. The repairs were completed, and the car was left by the roadside and the owner called the garage to let them know that he will pay for the repairs later. He took possession of the car and drove away without paying for the repairs.
The defedant was charged with theft and convicted, and the defendant appealed on the grounds that he could not steal what belonged to him and as per section 5 (1) because it was not property that belonged to another.
The appeal was dismissed and at the time of the theft the garage had ownership of the property or a vested interest in the property until such time as the debt to the garage was settled or the payment for the repairs were made.
Copyright © 2018 by Dyarne Jessica Ward