Oxford v Moss
Confidential information is not property that can be stolen.
Facts
Mr Moss, a student at Liverpool University, obtained the proof of an examination paper he was due to sit, read it and then returned it. He was charged with stealing confidential information, namely the questions on the paper, which belonged to the university.
Legal principle
The Divisional Court upheld his acquittal. Confidential information is not intangible property within the meaning of section 4 of the Theft Act 1968, so it could not be stolen. Mr Moss had not intended to permanently deprive the university of the paper itself, which he had returned. The case shows the limits of the law of theft in protecting information.
Related cases on theft, robbery, burglary and fraud
- Attorney General's Reference (No 1 of 1983) [1985] QB 182
- Corcoran v Anderton (1980) 71 Cr App R 104
- Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, [2018] AC 391
- Lawrence v Metropolitan Police Commissioner [1972] AC 626
- R v Barton and Booth [2020] EWCA Crim 575, [2021] QB 685
- R v Collins [1973] QB 100
- R v Ghosh [1982] QB 1053
- R v Gomez [1993] AC 442
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
