Stapylton v O'Callaghan

JurisdictionEngland & Wales
Date1973
CourtQueen's Bench Division
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11 cases
  • R v Tirnaveanu (Cornel)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 24 Mayo 2007
    ...was the occasion of the theft but it seems not unreasonable to regard that matter as immaterial. This, indeed, is the situation in Stapylton v. O'Callaghan itself. Professor Sir John Smith QC concluded: �It is submitted that the principle stated in Brown is right and of general application.......
  • R v Bellman
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 Mayo 1987
    ...at paragraph 18-5 it is submitted that "if the evidence is as consistent with theft or handling then, subject to the decision in Stapylton v. O'Callaghan [1973] 2 All E.R.782, the position is comparable to a situation where the evidence proves that one of two people is guilty but it is impo......
  • R v Cash
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1985
    ...of the appellant, the jury would have to be further directed that a verdict of guilty of theft would be open to them. (see Stapylton v O'Callaghan [1973] 2 A.E.R. 782). We do not believe that this tortuous process, leading in some cases to such an artificial verdict could have been the inte......
  • DPP v Fowler
    • Ireland
    • Court of Criminal Appeal
    • 24 Febrero 1995
    ... ... NOEL FOWLER Applicant Citations: LARCENY ACT 1916 S33 LARCENY ACT 1990 S3 STAPYLTON V O'CALLAGHAN 1973 2 AER 782 THEFT ACT 1968 S1 UK THEFT ACT 1968 S22 UK LARCENY ACT 1916 S2 R V BELLMAN 1989 AC 839 R V ... ...
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