John is an engineer who is owed £5,000 by one of his clients. John visits the offices of Buildwell to ask for payment, but the managing director, Brian Davies, refuses to pay him. John is furious, and on his way out of Brian's office, picks up Brian's briefcase, mistaking it for his own. Once outside the building, John realises his mistake but decides to keep the briefcase, as it is a more expensive one than John's own.
On arriving home, John opens the briefcase and discovers a chequebook in the name of Buildwell Ltd. And £3,000 in cash. He pays the cash into his bank account as part payment of the debt he is owed by Buildwell. John also writes out a cheque in his favour from the Buildwell chequebook in the sum of £3,000 and pays the cheque in to his bank account. When John's wife Zara arrives home. John tells her what has happened and says I reckon that should just about cover what they owe me plus interest'.
Briefcase.
Theft.
In order to be liable for theft John must dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. John initially appropriated the briefcase (by assuming the rights of an owner) when he picked up Brian's briefcase, but at the time, the appropriation was not dishonest as he picked up Brian's briefcase, mistaking it for his own.
Appropriation this occurs when John takes possession of the breifcase as that is one of the rights of the owner. (R v. Gomez (1993) 1 ALL ER 1).
Property The briefcase is personnel property and clearly falls within the definition in s4. (1) Of the Theft Act 1968. Even though he came by the breifcase innocently without stealing it but later assumed the rights of the owner when he decided not to return it. (S.3 (1) of the theft Act 1968). .
Belonging To Another At the time of the appropriation the breifcase does still belonged to Brian.
Dishonest. His dishonest appropriation occurred when he realises his mistake but decides to keep the briefcase.
