Appropriation as per section 3 of the Theft Act 1968 can also occur when there is consent especially if the consent has been obtained fraudulently.
In Lawrence v MPC (1972) an Italian tourist got into a cab at Victoria Station and asked the cab driver to take him to his destination. Upon arrival, the tourist gave the driver £1 and the driver said that it was not enough. The tourist then took out his wallet and the driver took an additional £6 from it. The correct fare was 10s and 6d. The driver was charged and convicted of theft and he appealed on the grounds that the tourist had consented to the appropriation.
The conviction was upheld and the court decided that an appropriation can take place even if there was consent.
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