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30 May 2008
Issue: 7323 / Categories: Case law , Law digest
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Criminal Law

R v Raphael and another [2008] EWCA Crim 1014, [2008] All ER (D) 159 (May)

The defendants took the victim’s car by force and demanded payment for its return.

HELD The express language of s 6(1) of the Theft Act 1968 specifies that the subjective element necessary to establish the mens rea for theft includes an intention on the part of the taker “to treat the thing as his own to dispose of regardless of the other’s rights”.

This includes the situation where the defendant makes an offer to sell the loser’s own property back to him, and to make its return subject to a condition or conditions inconsistent with his right to possession of his own property.
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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