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Created by 121.1.18.237 on 28 October 2009, at 05:05



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This notorious case demonstrates the difficulty that existed in making out a charge of Theft under the Theft act (1968), when a person did not pay for goods that he received in certain circumstances. In this case, Ddin filled his car's petrol tank at a self-serve garage, then drove away without paying. He could not be convicted of theft because although he did 'appropriate' something 'dishonestly', the dishonest appropriation was not contemporaneous with the petrol belonging to someone else. When he left the garage (i.e., appropriated the petrol) he already had 'possession or control' of the petrol, so at that point the petrol did not 'belong to another' for the purposes of the act. However, the Theft act (1978) creates a new offence, 'making off without payment' to close this particular loop-hole.
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