The K-Zone: Edwards v Ddin (1976)

This notorious case demonstrates the difficulty that existed in making out a charge of Theft under the TheftAct1968, when a person did not pay for goods that he received in certain circumstances. In this case, Ddin filled his car's petrol tank at a self-serve garage, then drove away without paying. He could not be convicted of theft because although he did `appropriate' something `dishonestly', the dishonest appropriation was not contemporaneous with the petrol belonging to someone else. When he left the garage (i.e., appropriated the petrol) he already had `possession or control' of the petrol, so at that point the petrol did not `belong to another' for the purposes of the act. However, the TheftAct1978 creates a new offence, `making off without payment' to close this particular loop-hole.

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