White (1853) 169 E.R. 696 Property – Common Law It appeared that prisoner,
Examples without the knowledge or
consent of a gas company,
caused to be inserted a
connecting pipe, with a stop-
cock upon it, into the entrance
and exit pipes, and extending
between them. The entrance
pipe being charged with the
company’s gas, he shut the
stop-cock of the meter, and so
consumed the gas without its
passing through the meter:
Held prisoner was properly
convicted of larceny. Gas is a
common law example of
property.
Ferens v O’Brian (1883) 11 Property – Common Law D took two buckets of water –
QBD 21 Examples was convicted of larceny. Held:
water in a container is capable
of constituting property.
Cresswell v DPP [2006] EWHC Property – Wild Animals Wild badgers did not
3379 (Admin) [2007] C.L.Y. 875 constitute property under
s4(4) Theft Act 1968 – they are
only property if they’re tamed.
Blades v Higgs (1865) 11 HL Property – Wild Animals The game became the
Cas 621 absolute property of the
owner of the franchise when it
was killed or taken by virtue of
that privilege just as in the
other case, it became the
absolute property of the
owner of the soil. The game
therefore constituted property
under s4(4) as they were
reduced into possession by or
on behalf of another person.
Low v Blease [1975] Crim LR Property – non-examples D entered premises as a
513 trespasser and made a
telephone call from within.
Held: electricity used for the
phone call wasn’t property
under s13 Theft Act 1968.
Oxford v Moss [1978] 68 Cr Property – non-examples a university student who
App R 183 [1979] Crim LR 119 acquired the proof of an
examination paper. It alleged
that he stole intangible
property, namely confidential
information being the property
of the Senate of the university.
It was agreed that the student
, did not intend permanently to
deprive the university of the
proof itself. Held: not
convicted of theft as
confidential information
wasn’t property under s4 Theft
Act 1968.
Boulton (1849) 169 ER 349 Property – non-examples D obtained, by false pretences,
from a servant of the
Lancashire and Yorkshire
Railway Company, a railway
ticket of the company, for a
journey from Bradford to
Huddersfield, by one of their
trains. Held that services aren’t
property under s4 Theft Act
1968.
Kelly [1998] QB 621 [1999] 2 Property – non-examples An artist had privileged access
W.L.R. 384 to the Royal College of
Surgeons where he was
permitted to draw anatomical
specimens which were used by
doctors training to be
surgeons. A junior technician
of the college was asked by the
artist to remove a number of
body parts. Both were charged
with theft, contrary to s 1 of
the Theft Act 1968. The Court
of Appeal, Civil Division held
that parts of corpses had been
capable of being property
within the meaning of s 4 of
the Act if they had acquired
different attributes by virtue of
the application of skill, such as
dissection and preservation
techniques, for exhibition and
teaching purposes. So general
rule = bodies aren’t property
under s4, but can be!
Yearworth v North Bristol NHS Property – non-examples Sperm that had been banked
Trust [2009] EWCA Civ 37 at a fertility unit licensed
[2009] 3 W.L.R. 118 under the Human Fertilisation
and Embryology Act
1990 amounted to property. Y
were being treated at a
hospital run by the trust. Due
to the risk of the treatment on
their fertility, they banked
sperm samples at the hospital,
Examples without the knowledge or
consent of a gas company,
caused to be inserted a
connecting pipe, with a stop-
cock upon it, into the entrance
and exit pipes, and extending
between them. The entrance
pipe being charged with the
company’s gas, he shut the
stop-cock of the meter, and so
consumed the gas without its
passing through the meter:
Held prisoner was properly
convicted of larceny. Gas is a
common law example of
property.
Ferens v O’Brian (1883) 11 Property – Common Law D took two buckets of water –
QBD 21 Examples was convicted of larceny. Held:
water in a container is capable
of constituting property.
Cresswell v DPP [2006] EWHC Property – Wild Animals Wild badgers did not
3379 (Admin) [2007] C.L.Y. 875 constitute property under
s4(4) Theft Act 1968 – they are
only property if they’re tamed.
Blades v Higgs (1865) 11 HL Property – Wild Animals The game became the
Cas 621 absolute property of the
owner of the franchise when it
was killed or taken by virtue of
that privilege just as in the
other case, it became the
absolute property of the
owner of the soil. The game
therefore constituted property
under s4(4) as they were
reduced into possession by or
on behalf of another person.
Low v Blease [1975] Crim LR Property – non-examples D entered premises as a
513 trespasser and made a
telephone call from within.
Held: electricity used for the
phone call wasn’t property
under s13 Theft Act 1968.
Oxford v Moss [1978] 68 Cr Property – non-examples a university student who
App R 183 [1979] Crim LR 119 acquired the proof of an
examination paper. It alleged
that he stole intangible
property, namely confidential
information being the property
of the Senate of the university.
It was agreed that the student
, did not intend permanently to
deprive the university of the
proof itself. Held: not
convicted of theft as
confidential information
wasn’t property under s4 Theft
Act 1968.
Boulton (1849) 169 ER 349 Property – non-examples D obtained, by false pretences,
from a servant of the
Lancashire and Yorkshire
Railway Company, a railway
ticket of the company, for a
journey from Bradford to
Huddersfield, by one of their
trains. Held that services aren’t
property under s4 Theft Act
1968.
Kelly [1998] QB 621 [1999] 2 Property – non-examples An artist had privileged access
W.L.R. 384 to the Royal College of
Surgeons where he was
permitted to draw anatomical
specimens which were used by
doctors training to be
surgeons. A junior technician
of the college was asked by the
artist to remove a number of
body parts. Both were charged
with theft, contrary to s 1 of
the Theft Act 1968. The Court
of Appeal, Civil Division held
that parts of corpses had been
capable of being property
within the meaning of s 4 of
the Act if they had acquired
different attributes by virtue of
the application of skill, such as
dissection and preservation
techniques, for exhibition and
teaching purposes. So general
rule = bodies aren’t property
under s4, but can be!
Yearworth v North Bristol NHS Property – non-examples Sperm that had been banked
Trust [2009] EWCA Civ 37 at a fertility unit licensed
[2009] 3 W.L.R. 118 under the Human Fertilisation
and Embryology Act
1990 amounted to property. Y
were being treated at a
hospital run by the trust. Due
to the risk of the treatment on
their fertility, they banked
sperm samples at the hospital,
