R v Turner (No 2)

A person can steal his own property from someone who has possession or control of it.

Citation
[1971] 1 WLR 901
Court
Court of Appeal (Criminal Division)
Year
1971
Subject
Criminal Law
Topic
Theft, robbery, burglary and fraud

Facts

Mr Turner left his car at a garage for repairs. When the repairs were almost finished, he came back to the garage and, using a spare key, drove the car away without paying for the repairs. He was convicted of stealing the car. He argued that he could not steal his own car.

Legal principle

The Court of Appeal upheld the conviction. Under section 5(1) of the Theft Act 1968, property is regarded as belonging to any person having possession or control of it, or having any proprietary right or interest in it. The garage had possession and control of the car, so it belonged to the garage for the purposes of theft, even though Mr Turner owned it. The court said that it was not necessary to consider whether the garage had a lien over the car.

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