Divisional Court Cases
| Date | 01 July 1965 |
| Published date | 01 July 1965 |
| DOI | 10.1177/002201836502900304 |
| Subject Matter | Article |
Divisional Court Cases
MISAPPROPRIATION BY FINDER OF LOST GOODS
Thompson v. Nixon
THE above case (The Times 15 May 1965) called attention
to a serious gap in
the
law of larceny, which is sometimes
overlooked. On
the
17 August 1964
the
defendant was con-
victed by Whitehaven (Cumberland) justices of larceny as a
bailee of feeding pellets for rabbits of
the
value of 17s. 6d.
Against this conviction the defendant appealed to Cumberland
Quarter Sessions who on the 16 September 1964 dismissed his
appeal.
The
defendant
then
went by case stated to
the
High
Court
where his further appeal was heard on the 14 May
1965 by a Divisional Court consisting of
Lord
Parker C.].,
Sachs and Browne
JJ.,
who allowed
the
appeal.
The
facts found by Quarter Sessions were
that
the
defendant while driving his car saw a large paper bag lying
by
the
roadside.
He
stopped his car, got
out
and examined
the
contents of the bag and drove off with it. Quarter Sessions
found
that
at
that
time
the
defendant believed
that
the owner
of
the
pellets could be found if reasonable steps were taken to
discover him. Quarter Sessions also found
that
the
defendant
formed the intention of fraudulently appropriating the contents
of
the
bag
but
were unable to say when
the
defendant
had
formed
that
intention.
The
leading
judgment
of
the
High
Court was delivered by Sachs J.
His Lordship, after stating
the
above findings of fact, said
that
the question which
the
Court
had to determine was
whether at
the
time when
the
defendant misappropriated
the
goods he was a bailee of
them
within
the
meaning of
the
proviso to s. 1 (I) of
the
Larceny Act 1916 which enacts
that-
"a
person may be guilty of stealing
...
notwithstanding
that
he has lawful possession thereof if, being a bailee or
partowner thereof, he fraudulently converts the same to his
own use or to
the
use of any person other
than
the
owner."
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